Smart Sanctions gegen russische Oligarchen – weder smart noch rechtmäßig!

In reaction to the war against Ukraine, the EU has imposed severe sanctions on Russian business elites on the basis of Art. 215, 2nd para. Treaty on the Functioning of the European Union (TFEU), including the freezing of their property. As the article argues, the legality of sanctions against business elites not close to the political system and not supporting the war is doubtful. Art. 215, 2nd para. TFEU only allows to sanction natural persons who somehow have made a causal contribution to the violation of international law. What is more, Council Decision 2014/145 of March 17th 2014, as interpreted by the European General Court, restricts the basic right of property of the sanctioned business elites in a manifestly inappropriate way and therefore violates the principle of proportionality, Art. 52 Charter of Fundamental Rights of the European Union (EUCharFR). The sanctions are furthermore an objectification of the sanctioned persons and therefore a violation of Art. 1 EUCharFR, dignity of man: They oblige the addressees to endanger themselves and attain something impossible.