EUROPEAN COMMISSION (SANCTIONING POWERS) ACT
Written by Premier Commissioner Dr Walter Cocx
Presented by Cllr Sir Augustus Barrington & Premier Commissioner Dr Walter Cocx
PREAMBLE
An Act to Enable the European Commission to Act Decisively against Destabilising and Rogue Regimes by the Promulgation of Region-Wide Economic, Diplomatic, and Military Sanctions
DEFINITIONS
I. Sanction Request: formal, written notice on behalf of one Member State appealing for the institution of region-wide sanctions against another Member State.
II. Sanction Sponsor: the national authority responsible for a Sanction Request.
III. Sanction Enforcer: the responsible authority for region-wide sanctions.
IV. Sanction Subject: the Member State against which region-wide Sanctions are made.
SECTION I - SANCTION REQUESTS
I. Member States may apply to the European Commission with a Sanction Request.
II. Member States must, as Sanction Sponsors, justify their Sanction Request(s) in full, in writing, within two calendar days of submitting a Sanction Request.
III. Four separate Sanction Sponsors must submit a Sanction Request against the same Member State in order for the Sanction Request to be considered.
IV. The European Commission will deliberate and come to a unanimous decision on whether to grant or deny a Sanction Request within five calendar days from the submission of the second Sanction Request against the same Member State.
V. The European Commission may deny a Sanction Request; this does not affect the rights of Member States individually to impose Sanctions against another Member State.
SECTION II - SANCTION IMPLEMENTATION
I. Should the European Commission decide to grant a Sanction Request, the Premier Commissioner shall propose a Sanction motion to the European Council. Upon passage of this motion, the Premier Commissioner shall then assume the role of Sanction Enforcer;
(i.) The Internal Affairs Commissioner may assume the role of Sanction Enforcer if the Premier so wishes.
II. The Sanction Enforcer shall, within two calendar days of the granting of a Sanction Request, publish a list of region-wide Sanctions to be enforced against the Sanction Subject.
III. Region-wide Sanctions which can be promulgated by the Sanction Enforcer against the Sanction Subject are limited to Sanctions described in Section III. The Sanction Enforcer shall take reasonable precaution in proclaiming Sanctions and shall consider the economic, geopolitical, and diplomatic implications of region-wide Sanctions in the proclamation.
IV. Member States must harmonise their national regulations with the promulgation by the Sanction Enforcer as soon as practical, but certainly no later than fourteen days following the same promulgation.
SECTION III - SANCTION TYPES
Sanctions which may be enacted by the Sanction Enforcer against the Sanction Subject include:
I. Economic Sanctions
(i.) Full and total suspension of any and all trade with the Sanction Subject;
(ii.) Targeted suspension of trade in certain goods or commodities, to be determined by the Sanction Enforcer;
(iii.) Suspension of the Sanction Subject's access to financial markets based in other Member States;
(iv.) Suspension of the supply of electricity, natural gas, and/or other natural or financial resources to the Sanction Subject from other Member States;
(v.) Levying of increased tariffs and taxes on goods imported to or exported to/from the Sanction Subject to/from other Member States;
II. Diplomatic Sanctions
(i.) Suspension of diplomatic representation of the Sanction Subject on European institutions, including the European Council and European Court of Justice;
(ii.) Cancellation and suspension of official visits by representatives of the Sanction Subject to other Member States;
(iii.) Expelling of diplomatic staff from the Sanction Subject from embassies and consulates in other Member States;
(iv.) Restrictions on travel by citizens of the Sanction Subject to other Member States;
III. Military Sanctions
(i.) Suspension of trade in arms and/or military equipment between Member States and the Sanction Subject;
(ii.) Suspension of military agreements between the Sanction Subject and other Member States;
(iii.) Infiltration and degradation of military installations belonging to the Sanction Subject either by cyberwarfare or direct military means;
IV. Individual Sanctions
(i.) Travel restrictions against individuals representing or belonging to the government of the Sanction Subject;
(ii.) Seizing of economic assets in other Member States belonging to individuals representing or belonging to the government of the Sanction Subject;
(iii.) Taking into custody and bringing to trial of individuals representing or belonging to the government of the Sanction Subject, who are suspected to have committed an offence against European law or the Universal Declaration of Human Rights;
SECTION IV - APPEALS
I. Member States which are the Sanction Subject may appeal to the European Court of Justice for Sanctions to be lifted;
II. The Premier Commissioner shall always testify as or on behalf of the Sanction Enforcer in such cases;
III. Sanctions promulgated by the Sanction Enforcer shall be declared null and void immediately upon a European Court of Justice judgement in favour of the Sanction Subject;
IV. Other Member States may also appeal to end region-wide Sanctions by petitioning the Premier Commissioner;
V. The Premier Commissioner shall then meet with representatives from the appealing Member State. The Premier Commissioner may offer financial incentives to appealing Member States to compensate economic damage as a result of the region-wide sanctions imposed by the Sanction Enforcer;
SECTION V - RENEWALS
I. Region-wide Sanctions shall be subject to renewal by majority vote in the European Council every calendar month;
II. The Sanction Enforcer shall declare region-wide Sanctions null and void immediately upon a European Council vote to refuse renewal;
SECTION VI - IMPLEMENTATION AND ENFORCEMENT
I. Member States must implement economic and diplomatic Sanctions as defined by the Sanction Enforcer under Section III within two weeks or fourteen days of the proclamation of such sanctions.
II. Any Member State which violates any section of this Act by refusing or failing to implement Sanctions promulgated by the Sanction Enforcer, or in any other way whatsoever, shall commit a punishable offence and may be tried in the European Court of Justice.
III. Further, any Member State found to have acted contrary to the region-wide Sanctions imposed by the Sanction Enforcer shall commit a punishable offence and may be tried by the European Court of Justice;
IV. Region-wide Sanctions promulgated by the Sanction Enforcer do not prevent Member States from proclaiming additional Sanctions against the Sanction Subject.
"Councillors, the European Union acts as a final guardian against injustice, violence, and terror across Member States. In order to fulfill this key role, European Institutions must be granted the powers to act against destabilising forces and violent regimes. This Act, which I prepared in tandem with Cllr Sir Augustus Barrington of Inimicus, allows the Commission to take necessary, compelling steps, while respecting the freedoms and rights of member states.
“For example, although sanctions enforced under this Act are region-wide, member states which disagree with these measures may appeal directly to the Premier Commissioner for financial assistance if they have been economically disadvantaged by sanctions under this Act. Region-wide sanctions are furthermore subject to monthly review by you, Councillors, the democratic representatives of the peoples and states of our Union.
“Yes, this Act is tough. It empowers the Commission with prerogatives it should not use lightly. But these powers can only be used if member states themselves, and not just one member state, but two, lodge a formal, written request for them to be used. A clear-cut appeals process furthermore makes it possible for the European Court of Justice to overrule the Commission if it has acted rashly. This is why Section II.III explicitly requires the enforcing Commissioner to act carefully – it is entirely within the Court’s power to determine that this has not happened.
“Councillors, I will remain in the Chamber during this debate to answer any questions you might have. But I implore you: act now. Our Union is the subject of massive, destructive, destabilising influences from multiple member states at present. We must ensure this ends. Act now, and prevent the deaths and suffering of millions of our citizens. Thank you.”
Dr Walter Cocx
Premier Commissioner
The Kingdom of Spain
