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Energy sanctions reloaded : navigating the trade-sanctions divide in the EU's proposed gas ban
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2366-7044
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Verfassungsblog, 2025, OnlineFirst
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SZÉP, Viktor, SCHAUPP, Lukas Sebastian, Energy sanctions reloaded : navigating the trade-sanctions divide in the EU’s proposed gas ban, Verfassungsblog, 2025, OnlineFirst - https://hdl.handle.net/1814/92917
Abstract
The European Commission proposed a ban on Russian gas imports based on Article 207 TFEU – a legal basis related to the EU’s Common Commercial Policy (CCP), rather than the Common Foreign and Security Policy (CFSP). This proposal compels us to reconsider the boundaries between CFSP sanctions and trade policy. Although these policy domains often overlap in practice, the new proposal seems to overlook that the EU maintains a distinct legal framework for imposing sanctions, which is typically grounded in CFSP provisions. If the ban is ultimately enacted under Article 207 TFEU, there is a risk that one or more Member States opposing these new sanctions against Russia will challenge it on the grounds that this EU Regulation is based on the wrong legal basis.
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Published online: 25 June 2025