In the latest issue of Common Market Law Review from editor Wolters Kluwer, doctoral researcher within the Doctoral School of Law, Francesca Finelli, examines how the EU has implemented anti-circumvention measures to close loopholes in restrictive measures, such as asset freeze measures against individuals.
In the article, she takes a close look at the EU “anti-circumvention clause”, which plays a key role in ensuring the effectiveness of sanctions and, ultimately, the objectives of EU external action. After defining the scope of the clause under EU law, she presents the actors involved in uncovering and countering circumvention practices, thereby illustrating the central role of the Member States in coordinating national and supranational efforts to ensure compliance with EU restrictive measures, through constant dialogue and cooperation with financial operators and the European Commission. Lastly, she focuses on the specific strategy of circumvention through family members, asking whether there is a presumption of circumvention when family members are involved, and considering CJEU case law on the legality of family members’ designations under EU sanctions.
Connecting the topic with current events, she emphasises how the exceptional circumstances in relation to the war in Ukraine have progressively changed the design of EU restrictive measures as well as the commitment of the EU to tackle circumvention.
More information, along with a link to the full article, can be found on the Wolters Kluwer website.