| Author (Corporate) | Council of the European Union |
|---|---|
| Series Title | Official Journal of the European Union |
| Series Details | L 308, Pages 18-21 |
| Publication Date | 29/11/2022 |
| Content Type | Legislation, News, Policy-making |
Summary:Decision (EU) 2022/2332 - adopted by the Council of the European Union on 28 November 2022 - introducing the violation of regimes of restrictive measures to the areas of crime laid down in Article 83(1) of the Treaty on the Functioning of the European Union (TFEU). Further information:Restrictive measures are seen as an essential tool for the promotion of the objectives of the Common Foreign and Security Policy (CFSP), as set out in Article 21 TEU. For the sake of preserving core values, the EU may impose restrictive measures against third countries, entities or individuals. These include targeted individual measures, as well as sectoral measures. Some of the regimes of measures implement measures by the United Nations (UN) Security Council and in some cases impose additional restrictions; others are adopted autonomously by the EU. In addition to country-specific situations, the EU has also adopted horizontal regimes. Sanctions are binding on EU Member States and on any person or entity under the jurisdiction of the Member States. Inconsistent enforcement of restrictive measure is seen as undermining their efficacy and the EU's ability to speak with one voice. The implementation and enforcement is primarily the responsibility of Member States. Article 215 TFEU provides a legal basis for the Council of the European Union to adopt measures in the case of an adoption of EU sanctions However, this does not allow for the approximation of criminal law definitions and the types and levels of criminal penalties. This Decision establishes that violation of EU restrictive measures is to be added o the areas of crime laid down in Article 83(1) TFEU. The adoption of this Decision allows for the adoption of a draft Directive on criminal sanctions, as explored in a Communication published alongside the draft law to this Decision, which was adopted by the European Commission on 25 May 2022. The plenary of the European Parliament approved its consent on 7 July. The draft Decision was adopted by the Council of the European Union on 28 November, and published in the Official Journal on the following day. |
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| Source Link | Link to Main Source http://data.europa.eu/eli/dec/2022/2332/oj |
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| Subject Categories | Justice and Home Affairs |
| Subject Tags | Criminal Law, Foreign Policy Instruments |
| Keywords | Sanctions | Restrictive Measures |
| International Organisations | European Union [EU] |
