EU restrictive measures (sanctions) have long been imposed
on individuals like rulers and businesspersons close to rulers who have been
committing acts that are contrary to international peace and security.
Considering gathered evidence on a sufficiently solid factual basis, and the
duty to state reasons, such sanctioning is an accepted form of action that the
EU takes, accounting for the provisions of the EU Treaties and adopted
secondary law. As the EU sanctions regime has become increasingly
sophisticated, the EU has begun to also impose sanctions on the family members
of otherwise sanctioned persons, to ensure that EU sanctions are not easily
circumvented. This article considers the lawfulness of the EU’s imposition of
sanctions on family members of otherwise sanctioned persons, accounting for any
potential links or associations that family members may have beyond that of
being a mere relative. Whilst the EU extends the reach of its sanctions regime,
it must take into account the position in society that the otherwise sanctioned
person holds – whether they are members of a governing regime of a third state
as a ruler, or whether they are prominent businesspersons who benefit
economically from the third state – to determine the lawfulness of also
imposing sanctions on their family members. Ultimately, both the Council as the
decision-maker, and the Court of Justice of the European Union (CJEU) as the
judicial reviewer, will have to balance the interests at stake, until an agreed
upon standard can be established, with the result that the threshold for
sanctions on the relatives of businesspersons and of relatives is consistent.