The Two Levels Of EU-Sanctions Illegality

Luis Roberto Zamora Bolaños argues EU sanctions are overstepping their legal boundaries under international law. He contends that sanctions violate the principle of state sovereignty by imposing obligations without consent, similar to unilateral declarations. The International Court of Justice has addressed unilateral actions, and the UN Charter clarifies the Security Council's sanctioning power, but the EU lacks this authority. Sanctions stemming from member state proposals could violate impartiality. The EU also encroaches on functions reserved for international courts by imposing these sanctions. Furthermore, Bolaños asserts that sanctions infringe on the human rights of targeted individuals by denying fair hearings. EU sanctions bypass the right to defend oneself and lack a clear legal basis, violating the principle of *nulla poena sine lege previa*. The EU's actions may be considered a fraud on law, as member states cannot delegate powers they lack. Depending on their nature, sanctions could violate freedoms like thought, property, and movement. Freedoms, unlike rights, require states to refrain from intervention. He suggests several avenues for redress, including appealing to the High Commissioner on Freedom of Expression and the Committee against Torture.