The UK and EU Russian sanctions regime: executive power, fundamental rights and judicial oversight

By Roger Gherson

The Russian sanctions regime has expanded executive power in a manner that risks displacing fundamental rights and effective judicial oversight. Measures presented as temporary instruments of foreign policy now impose severe consequences on individuals and families without criminal conviction, while courts have shown marked deference to ministerial judgment. Post-World War II protections ushered in by charters including the UN Charter, the UN’s Universal Declaration of Human Rights, the EU’s European Convention of Human Rights and the EU’s Charter of Fundamental Rights, and more, have effectively been torn up. The last time the politicians had this much power, 50 to 70 million people died.