The protection of human rights in the EU sanction mechanism: a new hope with the Magnitsky act
The protection of human rights in the EU sanction mechanism: a new hope with the Magnitsky act
Date
2020
Authors
Dumas, Maxence
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Abstract
The European mechanism designed to impose restrictive measures is becoming one of
the most important means used by the Union to act or react on the international stage to express
its opposition. Moreover, the European Union carries in its DNA its commitment to the
protection of human rights. Because of this very positive commitment to human rights, there
must be no loopholes. Indeed, the credibility of the Union's external action depends on this
irreproachability. Therefore, this paper looks for shortcomings in the system that would
jeopardize the protection of human rights. While bearing the needs of the European Union and
its Member States for external action, the mechanism of restrictive measures sees its
effectiveness reduced due to strong pressures which reduce its potential. This analysis
demonstrates that the too important leeway given to the Member States both in decision-making
but also especially in implementation represents a loophole in the system, especially because
of several internal and external influence at the national level. How does the system control this
implementation and balance risks for human rights? While some implementation risks are
monitored by the Court of Justice of the European Union, there are still many shortcomings that
the Court cannot resolve on its own. This is where the EU Global Human Rights Sanctions
Regime (Magnitsky Act) comes into play. This initiative may solve several remaining problems
in the existing system of restrictive measures and represent a step forward for human rights,
paving the way for future policies.
Description
Second semester University: University of Nottingham
Keywords
human rights,
European Union,
national state,
sanctions,
human rights monitoring