Under the EU Global Human Rights Sanctions Regime, adopted in December 2020, asset freezes and travel bans can be applied to persons and organisations responsible for serious human rights violations and abuses, irrespective of where they occur. The European Parliament pushed for the adoption of the human rights sanctions regime. It also made repeated calls for abuses and acts of systemic corruption related to grave human rights violations to be incorporated in it. This would align the EU sanctions regime with similar regimes in US and Canada that include corruption among the crimes they cover.

In her 2022 State of the Union Address, the President of the European Commission, Ursula von der Leyen announced that the EU would include corruption in its human rights sanction regime.

On 3 May 2023, to deliver on the commitment set out in the 2022 State of the Union Address,   the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy proposed a package of measures to combat corruption. With regard to the external dimension, the High Representative, supported by the Commission, proposes to establish a dedicated Common Foreign and Security Policy (CFSP) sanctions regime to target serious acts of corruption worldwide, in order to safeguard the values, fundamental interests and security of the Union and to consolidate and support democracy, the rule of law and principles of international law.

Rather than expanding the scope of the existing human rights sanctions mechanism adopted in 2020 to include corruption, the proposal will therefore involve complementing it by setting up a new dedicated global sanctions regime for corruption.

The European Parliament will not play a formal role in the legislative process, which takes place under the CFSP framework and involves the High Representative, the Council and the Commission. Specifically, decisions on sanctions are taken by the Council by consensus, on the basis of proposals from the High Representative and the Commission and after discussion in the relevant Council working groups. The Council's preparatory bodies are currently considering proposals for a Council Decision on the sanctions regime to target serious acts of corruption and a Council Regulation on how to implement the Decision.

References:

• Procedure 2023/0146/NLE
• European Parliament, Resolution of 8 July 2021 on the EU Global Human Rights Sanctions Regime (EU Magnitsky Act), 2021/2563(RSP)
• European Commission, 2022 State of the Union Address by President von der Leyen, September 2022
• European Commission, High Representative of the Union for Foreign Affairs and Security Policy, Joint Communication on the fight against corruption, 3 May 2023
• High Representative of the Union for Foreign Affairs and Security Policy, European Commission, Joint Proposal for a Council Regulation on restrictive measures against serious acts of corruption, JOIN(2023) 13 final, 2023/0146 (NLE), 3 May 2023
• High Representative of the Union for Foreign Affairs and Security Policy, Proposal to the Council for a Council Decision concerning restrictive measures against serious acts of corruption, ST 8982 2023 INIT, 4 May 2023 (restricted access)

Further reading:

• European Parliament, EPRS, EU sanctions: A key foreign and security policy instrument, Briefing, April 2024
• European Parliament, EPRS, 'Keeping human rights sanctions at the top of the EU agenda', in Examples of Parliament's impact: 2019 to 2024 - Illustrating the powers of the European Parliament, In Depth Analysis, March 2024, pp. 21-22
• European Parliament, EPRS, Global human rights sanctions: Mapping Magnitsky laws: The US, Canadian, UK and EU approach, Briefing, 2021
• European Parliament, EPRS, Towards an EU global sanctions regime for corruption, Briefing, February 2023
• European Commission, Anti-corruption: Stronger rules to fight corruption in the EU and worldwide, press release, 3 May 2023
  
• Agence Europe, EU High Representative proposes sanctions regime against those responsible for serious corruption worldwide, 3 May 2023
• Council, How and when the EU adopts sanctions, website
  

Author: Rosamund Shreeves, Members' Research Service, legislative-train@europarl.europa.eu