CYIL vol. 14 (2023)

CYIL 14 (2023) APPLICATION OF EU SANCTIONS IN MEMBER STATES – CASE OF THE SLOVAK REPUBLIC lift sanctions would make it extremely difficult – if not impossible – to resume his career as a Formula 1 competitor. 81 The GC accepted the application for interim measures in full and allowed Nikita Mazepin to enter the EU countries to negotiate participation in sports competitions in races held in the EU, to participate in training sessions, competitions, and related events upon request of his team or sponsors, to undergo the necessary medical examinations, and, for these purposes, to open and use bank accounts in the EU. 82 As we mentioned above, this is a first time when GC granted an interim measure to suspend the effect of EU targeted sanctions. However, it should be stated that this decision is not final. It is worth remembering that the interim measures within the remit of the proceedings in front of the GC may be imposed against the acts of the institutions of EU if they meet both conditions of being prima facie justified (in fact and law) and being urgent to avoid ‘serious and irreparable harm’ to the interests of the concerned party. 4. The Relationship between EU and National Law in the context of EU Sanctions The key aspect, however, is the nature of EU law and its relationship to the legal systems of the Member States, as EU Regulations become directly applicable and effective within the European Union. In the case of Mr. Hambalek, the legal basis for the freezing of bank accounts is not an administrative procedure that is carried out at the national level, but it is the regulation of the European Union itself, which is generally binding and directly applicable. Even in case of adoption of the directive on violation of restriction measure, the implementation of sanctions will be still a matter of national law. The nature of sanction regime within the EU could be characterized as a hybrid regime because the original source is the decision adopted at the EU level and within EU law, albeit the application and implementation solely depends on national authorities and it could be conducted through national provisions. In EU law we can also find a slightly different approach, namely in the context of investment screening. In this regard, EU law sets up a framework through EU Framework regulation on investment screening (Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union). 83 The system has two tracks, where the first on the EU level not only creates substantial provisions but also includes the possibility to conduct investment screening on the EU level. However, it is only a national authority which can adopt a final decision regarding investment screening. 84 By contrast, the system of application of EU sanctions relies upon the Member States and the application is without any official cooperation with EU authorities and there is no official procedure in which EU organs interfere to the process of application. 81 Ibid, paras. 89–92. 82 Ibid, para. 101. 83 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union [2019] OJ L 79I. 84 The specific regime applies for programmes and projects of Union interests listed as an appendix of the Regulation.

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