The EU's Russia Sanctions: Geopolitical Changes Leading to a New Understanding of the EU's Common Foreign and Security Policy

The external relations law of the European Union (EU) is one of the areas most affected by recent geopolitical events. Russia's unlawful invasion of Ukraine is the most visible event in this regard. In response, the intergovernmental body of the EU, the Council of the EU, recently unanimously adopted thirteen sanction packages under Article 29 TEU. The Foreign Affairs Council (FAC) has never adopted so many sanction packages in such short order. While it was thought the EU could not act swiftly in Common Foreign and Security Policy (CFSP), the subsequent sanction packages have proven otherwise. This Working paper seeks to analyse the impact of the new Russian security threat on the EU's external relations law through two different lenses. First, has the invasion of Ukraine strengthened the EU's sanction competence under Article 29 TEU? Second, is unanimity on sanctions policy within the Member States desirable and achievable in the 21st century, and if not, are there other options available? The recently resurfaced academic debate about unanimity in CFSP provides ample background to investigate those questions. The Member States’ divergent views highlight the precarious status in which the EU is manoeuvring regarding sanctions policy. Therefore, this Working paper analyses the challenges and changes the Russian invasion of Ukraine brought to the EU’s CFSP in law-making and practice.