| Abstract [eng] |
This Master’s thesis examines the legal framework and application of individual restrictive measures in the European Union, focusing on the association criterion linking a person to the object of sanctions and on the models through which it operates. It analyses the treaty-based and institutional foundations of such measures, the requirements of fundamental rights protection, and the construction of association models across sanctions regimes. The research shows that individual restrictive measures are an autonomous instrument of the European Union’s external action, grounded in the TEU and the TFEU and operating within the CFSP context. Their lawfulness depends not only on the security objectives pursued, but also on whether a listing is sufficiently individualised, whether procedural guarantees are respected, and whether the restrictions imposed satisfy proportionality. Fundamental rights protection in this field is expressed through the application of the Charter, effective judicial protection, and procedural guarantees, with attention to property and freedom to conduct a business. The comparative analysis shows that the association models applied in the Russian, Syrian, and global human rights regimes operate differently. In the Russian regime, and especially in the Syrian regime, association more often rests on broader economic, institutional, status-based, family-based, or derivative criteria. By contrast, in the global human rights regime, the relevant association is more closely linked to prohibited conduct, participation in it, or support for it. The analysis shows that the further association moves away from concrete prohibited conduct and the more it relies on status, proximity, or derivative links, the greater the risk of insufficient individualisation and interference with fundamental rights. |
