CYIL vol. 14 (2023)

PETER MATUŠKA – NIKOLAS SABJÁN CYIL 14 (2023) The most problematic aspect in case of application of EU sanctions in Slovakia is perhaps the procedural part. Decisions adopted by Slovakian national authorities empowered to implement sanctions are based upon Council decisions or regulations. Hence, the decisive moment is the listing of the individual on sanction’s list, not the implementing decision adopted by the national authorities. In other words, the Slovakian national authorities are responsible for the application and therefore they are not in position to modify the substance of sanction measures. The Slovak Republic implements sanctions adopted at the EU level, as it is its obligation arising from the TFEU and TEU. It does not have any specific legal regulations regarding the adoption of sanctions, except the abovementioned Sanction Act. As mentioned, in the Slovakian legal system, it is the Sanction Act which defines key aspects of the procedure and it is a lex specialis in relation to Act No. 71/1967 on Administrative Proceedings (Administrative code) which has a general character, therefore even the process of implementation is not regulated by a single regulation. The Sanction Act regulates the process of enforcement of international sanctions in the field of administratively securing the funds and property of sanctioned persons. It establishes the scope of powers and duties of the relevant state administration bodies in the field of administrative securing of funds and property, and at the same time, sets up the process of identifying natural and legal persons threatening international peace, security, and human rights. 85 One of the most significant shortcomings of the Sanctions Act is the absence of a central authority responsible for the coordination and implementation of international sanctions in Slovakia. Article 4 of the Sanction Act stipulates that each specific area has its own responsible authority. 86 Once a natural or legal person is put on the sanction list, there are few possibilities how to challenge these measures. A person or entity may initiate proceedings to remove a person from the list of sanctioned persons according to the Sanction Act (Article 17(2)). 87 The other option allows an appeal to EU institutions through the Ministry of Foreign and European Affairs. 88 Nevertheless, the application represents a separate procedure which is regulated only by national law. Despite this, any implementation process could not undermine the overall conception of human rights protected by the EU.

85 The Sanction Act distinguishes between two types of sanctions, namely: i) sanctions adopted by the UN SC, ii) sanctions approved by the EU via the working group of the European Union European Council of the European Union the common foreign and security policy of the European Union. 86 By comparison, in Czech Republic, the key authority is the Financial Analytical Office which is responsible for the coordination of the implementation of international sanctions in the Czech Republic. 87 The process of de-listing can be initiated also by the state authority in light of Article 17 subpara. 2 of the Sanction Act. 88 A proposal to remove a person from the list of sanctioned persons declared by the regulation on international sanctions according to § 2 letter b) the first and second points are submitted by the competent state administration body through the Ministry of Foreign and European Affairs based on the decision of the competent state administration body to submit a proposal to remove a person from the list of sanctioned persons.

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