1. Which are the procedures for the incorporation of Security Council Resolutions imposing sanctions into the internal legal order of your State? Are they incorporated through legislation, regulations or in any other way? Has the implementation given rise to any constitutional or other legal problems at national level? Is there any relevant case-law?

(March 2006)

Sanctions or restrictive measures imposed by binding UN Security Council resolutions are as a rule incorporated through EU legislation, either EU Common Positions or/and EC Regulations.

As regards EC Regulations these are directly applicable and binding thus no additional implementation on the national level is necessary.

Regarding measures included in EU Common Positions that fall within the competences of EU member states, in particular arms embargos and travel restrictions, the relevant national laws apply.

2. Does the choice depend on the content and the legal nature of the Security Council Resolution?

Yes, the choice depends both on the nature of the measure of the SC resolution and the competencies of the EU and its member states respectively (see also answer to question 1).

3. When sanctions are imposed for a fixed period of time which is not renewed, are they tacitly repealed within your domestic legal order or is any normative action required?

As a rule normative action is required if the SC does not renew sanctions or restrictive measures.

4. When a Security Council Resolution imposing an export embargo provides for exceptions while not establishing a committee to authorise such exceptions, does the incorporating act appoint a national authority, which is competent to authorise export?

Without prejudice to EU legislation, the relevant national authorities have the competence to authorize exception provided for in SC resolutions.

5. Are Sanctions Committee decisions specifying Security Council sanctions or setting conditions for their activation incorporated into domestic law?

Both EU and national legislation have the necessary flexibility to implement decisions by UN sanctions committees.

6. Have there been cases where the act incorporating sanctions in the domestic legal order was challenged in court for being in violation of human rights? For example, have national courts assumed jurisdiction in cases where sanctions are challenged by individuals affected by sanctions: a. if implemented through EU regulations? b. if implemented directly at national level?

So far only applications against EU legislations implementing UN sanctions or restrictive measures have been recorded.

7. Are there decisions of national courts or state practice concerning the relationship between sanctions towards individuals and the human rights of these individuals?

No decisions or state practice are recorded.