Beyond Collective Countermeasures and Towards an Autonomous External Sanctioning Power? The General Court’s Judgment in Case T-65/18-RENV, Venezuela v Council

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(1), 247-259 | European Forum Insight of 03 July 2024 | (Table of Contents) I. Introduction. - II. Judgment of the Court. - III. Analysis and comment. - iii.1. The General Court’s treatment of Venezuela’s international law arguments. - iii.2. The international legal nature of the restrictive measures against Venezuela: retorsions or countermeasures? - IV. Conclusion | (Abstract) In case T-65/18 RENV Venezuela v Council the General Court was confronted with the question of the legality under international law of the EU’s restrictive measures against Venezuela. The judgment is of particular importance as it feeds into the burgeoning discussion regarding the juridical nature, and lawfulness, of EU restrictive measures against third States under international law. This Insight summarizes the judgment and analyses the Court’s line of argumentation and reasoning. It shows that the General Court here proclaimed an autonomous external sanctioning power stemming from the EU’s values and objectives governing the Union’s external action. The Insight argues that the General Court’s approach leaves much to be desired in terms of reasoning on the basis of international law. The Insight argues that the restrictive measures against Venezuela could be considered lawful on the basis of the international legal regime governing countermeasures in response to violations of erga omnes obligations. By eschewing engagement with the broader international legal framework, the General Court here missed an opportunity to make a substantive contribution to the (evolving) law of collective countermeasures.

Keywords

• sanctions
• countermeasures
• retorsions
• restrictive measures
• venezuela
• erga omnes obligations