DUE PROCESS RIGHTS IN EU RESTRICTIVE MEASURES

A DOCTRINAL REASSESSMENT OF THE CJEU’S STANDARDS OF EVIDENCE, REASONING, AND JUDICIAL REVIEW

Abstract

This paper examines the evolution of due process rights in the European Union’s (EU) sanctions regime following Russia’s 2022 invasion of Ukraine, focusing on the Court of Justice of the European Union’s (CJEU) approach to evidence, reasoning, and judicial review. Using a doctrinal legal methodology, the study analyzes the EU legal framework governing restrictive measures, traces the development of judicial standards from the Kadi jurisprudence to recent practice, and assesses whether the Court has maintained or adapted its standards in response to geopolitical pressures. The analysis demonstrates that while the CJEU formally adheres to core due process principles, recent practice reflects greater tolerance for indirect evidence, generalized reasoning, and deference to the EU’s strategic discretion, illustrating the tension between strategic autonomy in foreign policy and constitutional rights protection during periods of geopolitical crisis.