ABSTRACT
The chapter argues that, in the post-Lisbon era, the protection of fundamental rights is a major driving force for the evolution of the Union’s power to impose sanctions. The dual role of fundamental rights as constraints on, and as justification for, the activity of the Union implies that their relationship with the power to adopt sanctions is ordinarily antagonistic and occasionally synergic. Whilst any sanctions imposed by the Union must comply with the fundamental rights granted by the EU Charter, the latter’s enforcement can sometimes be assisted by sanctions.
With a view to complement the analysis developed elsewhere in this Book, the chapter focuses on the role of fundamental rights as constraints on the Union’s power to sanction. The analysis is divided into two main parts. First, having regard to the general provisions of the EU Charter, the scope of the Union’s duty to respect fundamental rights will be outlined and the main structural implications on the power to sanction will be identified. Second, the specific substantive and procedural constraints that the EU Charter poses on the exercise of that power will be explored.
Rather than focus on specific fields or categories of sanctions, the chapter engages in a general mapping exercise of the fundamental rights that can act as general limits to the sanctioning power of the Union. Notably, the analysis considers three different expressions of the Union power to sanction, which are logically and chronologically connected: the shaping of sanctions, their actual imposition and, ultimately, the judicial review on them. Attention is paid to the protected scope of the relevant fundamental rights, including the possibility to impose restrictions on their enjoyment. The interactions with the system of protection established by the ECHR and the case-law of the Strasbourg Court are also considered.
A conclusive section summarizes the main findings and considerations stemming from the analysis developed.
