European Union Committee
The legality of EU sanctions

11th Report of Session 2016-17 - published 2 February 2017 - HL Paper 102

Contents

Summary

Chapter 1: Introduction

Chapter 2: EU sanctions policy and procedure

Overview

Procedure for listing

Types of sanction

Arms embargo

Asset freeze

Visa or travel ban

Scope

Legal remedies

Chapter 3: The legality of the EU’s sanctions listing procedure

The purpose of EU sanctions

The evidence-gathering process

Reasons for sanctions listings being annulled

Are the reasons for annulment justified?

Standard of proof for the adoption of listings

Status-based sanctions

Sanctions listings for misappropriation of State funds

Re-listing individuals or companies on amended statements of reasons

Recent improvements in the fairness of the listing and re-listing process

Reliance on ‘open-source’ information

The closed material procedure

Objective

The procedure

The assessment of our witnesses

Access to open-source information

Previous scrutiny by the EU Justice Sub-Committee

The assessment of our witnesses

The value of parliamentary scrutiny of sanctions listings

The Council’s administrative processes

Making the process fairer

The impact of the UK’s withdrawal from the EU

Chapter 4: Our analysis

The purpose of EU sanctions

The evidence-gathering process

Reasons for sanctions listings being annulled

Are the reasons for annulment justified?

Standard of proof

Listing and re-listing

Reliance on open-source information

The closed material procedure

Application of the Council’s rules on confidentiality to open-source information

The value of parliamentary scrutiny

The Council’s administrative processes

Making the process fairer

The impact of the UK’s withdrawal from the EU

Appendix 1: List of Members and declarations of interest

Appendix 2: List of witnesses


Evidence is published online at http://www.parliament.uk/legality-eu-sanctions-listing-process and available for inspection at the Parliamentary Archives (020 7129 3074).

Q in footnotes refers to a question in oral evidence.





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