As previously reported, the General Court of the EU has decided that a number of the individual listings on the EU’s Ukraine sanctions list (which targets those said to be responsible for the “misappropriation of State funds”) are unlawful because the EU has not properly verified whether the decisions of the Ukrainian authorities leading to the allegations contained insufficient information or that the procedures respected rights of defence. You can access all the Ukraine-related EU judgments here.
The judgment in Case T-295/19 Klymenko v Council is another example (25 June 2020). Link to judgment here. The Court held that the EU Council had not properly checked whether Mr Klymenko’s rights of defence were respected in the ongoing criminal proceedings against him in Ukraine. In particular, the Council had not responded to or considered Mr Klymenko’s complaints that (inter alia) the pre-conditions for trying him in his absence had not been fulfilled, he had been given a publicly appointed lawyer who did not provide him with a proper defence, the Ukrainian procedure did not permit him to appeal against the decision of the investigating judge, and he was not being tried within a reasonable time. Accordingly, Mr Klymenko’s listing (which had lasted until March 2020) was annulled again by the Court, for the third time. Mr Klymenko was relisted in March 2020 (see post) so remains on the EU sanctions list.
Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...See profile for Maya Lester QC >