Explanatory Memorandum to COM(2011)26 - Amendment of Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2011)26 - Amendment of Regulation (EC) No 765/2006 concerning restrictive measures against President Lukashenko and certain officials ... |
|---|---|
| source | COM(2011)26  |
| date | 24-01-2011 |
Council Decision 2010/639/CFSP of 25 October 2010 provides for the application of restrictive measures against, among others, persons responsible for the violations of international electoral standards in the presidential elections in Belarus on 19 March 2006, and the related crackdown on civil society and democratic opposition.
Following similar problems with the 19 December presidential elections, the High Representative of the EU for Foreign Affairs and Security Policy and the Commission propose to freeze the funds and economic resources of the persons responsible for the violations of international electoral standards and for the related crackdown on civil society and democratic opposition, and of those natural or legal persons, entities and bodies associated with them. This should be done by means of a Regulation based on Article 215 of the Treaty on the Functioning of the European Union (TFEU). To that end it is proposed to amend Council Regulation (EC) No 765/2006 concerning restrictive mesaures against President Lukakshenko and certain officials of Belarus.
Article 291 i TFEU provides that, where uniform conditions for implementing legally binding Union acts such as Regulations based on Article 215 TFEU are needed, those acts shall confer implementing powers on the Commission or, in duly justified specific cases, on the Council.
The CFSP Decision provides for the Council to make available a statement of reasons to a listed individual, entity or body, for the opportunity to respond, and for a review procedure to be followed, when a natural or legal person, entity or body included in the Annexes to that Decision submits observations or when new evidence is presented. This is with a view to ensuring respect, in particular, for the rights of the defence and the right to judicial review. These rights should also be respected by the Regulation.
The Court of Justice has jurisdiction to review the decisions to designate a natural or legal person, entity or body pursuant to both the CFSP Decision and the Regulation in accordance with Article 275 and 263 TFEU, respectively.