A new legal opinion, commissioned by my colleagues Michael von der Schulenburg and Ruth Firmenich, raises fundamental concerns about the legality of EU sanctions imposed on natural persons for alleged “disinformation”.
The opinion was prepared by Ninon Colneric, former judge at the Court of Justice of the European Union, and Alina Miron, Professor of International Law. You find the opinion below, in English and in German.
It examines two crucial questions:
- Are sanctions against individuals for alleged disinformation—adopted under EU restrictive measures linked to Russia’s so-called destabilising activities—compatible with international law and EU law?
- Does the European Parliament have the legal standing to bring an action for annulment against such legal instruments?
The opinion highlights serious issues relating to freedom of expression, legal certainty, proportionality, and the rule of law. Sanctioning individuals without a clear legal basis, precise definitions, or judicial guarantees risks undermining the very values the European Union claims to defend.
At a time when dozens of individuals are subjected to asset freezes and travel bans without criminal conviction or due process, this legal analysis is a timely and necessary contribution to the debate. It reinforces the need for strict legal scrutiny of sanctions regimes and for the European Parliament to fully exercise its role as guardian of fundamental rights and democratic accountability.
Freedom of opinion and the rule of law must not become collateral damage of political expediency.