Peculiarities of obtaining interim measures in cases on challenging sanctions

More and more individuals and legal entities become subject to economic sanctions nowadays. There are legal mechanisms available to the person concerned and allowing to challenge the imposition of sanctions, for example, in the case of their erroneous motivation or on procedural grounds. The Court of Justice of the European Union is considering several dozen lawsuits by Russian individuals to lift sanctions. Such processes are also underway in other jurisdictional bodies. It is also possible to temporarily suspend the sanctions for the period of consideration of the application for their cancellation (interim measures) in order to avoid unjustified harm to the sanctioned person. The possibility of obtaining interim measures is expressly provided for in Article 156 of the Code of Procedure of the Court of Justice of the European Union. However, until recently, all attempts to obtain such interim measures ended in failure. In this article, using the examples of judicial practice, the criteria used in making a decision on the suspension of personal sanctions by means of interim measures are examined, and a number of recommendations are developed.

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Publication Details

Journal
RU SCIENCE
Published
2024-12-28
DOI
https://doi.org/10.64457/ru-science-2024-i04-a05
Primary Topic
Economic Sanctions and International Relations
Type
article
Field-Weighted Citation Impact
0.00
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article

Peculiarities of obtaining interim measures in cases on challenging sanctions

RU SCIENCE
Economic Sanctions and International Relations
article

Peculiarities of obtaining interim measures in cases on challenging sanctions

article en

Abstract

More and more individuals and legal entities become subject to economic sanctions nowadays. There are legal mechanisms available to the person concerned and allowing to challenge the imposition of sanctions, for example, in the case of their erroneous motivation or on procedural grounds. The Court of Justice of the European Union is considering several dozen lawsuits by Russian individuals to lift sanctions. Such processes are also underway in other jurisdictional bodies. It is also possible to temporarily suspend the sanctions for the period of consideration of the application for their cancellation (interim measures) in order to avoid unjustified harm to the sanctioned person. The possibility of obtaining interim measures is expressly provided for in Article 156 of the Code of Procedure of the Court of Justice of the European Union. However, until recently, all attempts to obtain such interim measures ended in failure. In this article, using the examples of judicial practice, the criteria used in making a decision on the suspension of personal sanctions by means of interim measures are examined, and a number of recommendations are developed.

RU SCIENCEVol. 12(4)
Institute of Slavic Studies (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 15%
Economic Sanctions and International Relations
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Peculiarities of obtaining interim measures in cases on challenging sanctions · RU SCIENCE (2024) | TGRS Research Map | TGRS