SAnctions policy of THE European Union


                      Radka Druláková, Zuzana Trávníčková, Štěpánka Zemanová


                                           Alexandr Ort



Key words

European Union, sanctions, human rights



Nowadays the European Union (EU) uses sanctions as a tool of its common trade policy (usually as an
exception from the rules of the single market) and as a tool of its Common foreign and security
policy (CFSP). Both alternatives prove an advanced stage of the European integration process, as
the application of sanctions is usually connected with the so-called hard powers rather than soft
powers.


The Development of EU Sanctions Policy


The sanctions policy is present in the European Union since the Communities have been set up. By
1970s the organization had applied only measures authorized by the United Nations Security Council.
Procedures for realizing autonomous restrictive measures appeared hand in hand with the European
political cooperation in 1970. In fact, the autonomous sanctions were applied for the first time in
1981 (against the Soviet Union, in reaction to the events in Poland). After the Single European Act
had been adopted in 1987, the Commission became responsible for sanctions policy and the use of
restrictive measures grew up (especially the arms embargoes were used).


Next development of EU sanctions policy was enabled after the Maastricht Treaty, which entered into
force in 1993. As a part of CFSP, the sanctions policy was included in the second pillar and
particular measures were authorized in the form of a Common position, adopted unanimously by the
Council. On the other hand, EU uses sanctions also outside the CFSP frame; such measures are
covered by the first pillar and realized through Council regulations. In 2004, a special group
RELEX/Sanctions was established by the Council for the member states to exchange information and
experience relating to the application of sanctions and to evaluate the results and difficulties
encountered in implementing sanctions.


EU applies restrictive measures on states, non-state actors and individuals. In accordance with
general trends in international sanctions, EU uses smart sanctions in principle: assets freezing,
arms embargoes, trade sanctions. Diplomatic measures (severance of diplomatic relations, expelling
of diplomatic staff) are imposed rarely. The application of diplomatic sanctions is quite smart on
one side, but on the other side their efficiency and importance is disputable. Very often we can
meet travel restrictions (restrictions on admission). Their legal basis lays in a combination of
regulation (listing the third countries whose nationals must be in possession of visas when
crossing the external borders and those whose nationals are exempt from that requirement) and a
Common position (listing persons who are not eligible to obtain the visa).


Human rights as a sanctions policy target


The protection of human rights is broadly supported not only in relations among member states but
also in their common foreign policy. Violation of human rights in third countries may lead to
imposition of European sanctions. By choosing suitable restrictive measures, we should take into
account the fact that human rights violations appear very often in the Third World countries. These
countries obtain usually financial support or other development aid from the EU. The suspension of
financial or material aid may serve as effective restrictive instrument in these cases.
Concurrently, other forms of sanctions - arms embargoes, trade sanctions (e.g. oil embargo), assets
freezing, restrictions on admission and suspension of military cooperation – are applied.


Although the human rights support represents a frequent target of restrictive measures and the
range of used instruments is quite wide, the Union is facing objections over inconsistence of
sanctions. In 1992 the Community did not apply sanctions against Algeria after the elections had
been cancelled. Restrictions on admission and suspension of military cooperation were authorized
against Nigeria in 1993, but the expected arms embargo was not included. Long-lasting disobeying of
human rights standards in China is another proof of immaturity of EU sanctions policy in human
rights protection.


Conclusions


Sanction policy as an autonomous tool of the Common Foreign and Security Policy has been
established since the 1990s and it includes a variety of tools at present. Economic sanctions serve
primarily as an alternative of military intervention and at the same time as a response to
pressures on incorporating ethical elements into foreign policy. They are frequently used to keep
or restore peace and to influence human rights record of sanctioned subjects. Predominantly they
are applied as smart measures allowing to avoid for example negative impact on civilians.


Since the beginning of 1990s autonomous application of sanction instruments has been contributing
to the establishment of EU as an important security actor not only in the European region but also
at a global level.  Simultaneously it indicates the shift from the use of the so-called soft powers
to hard powers connected with the effort to build and secure its position as one of the key members
of the contemporary international system.


Contact – email:

drulakr@vse.cz, kalova@vse.cz, zemanova@vse.cz