Summaries of judgments: RT France v Council (T-125/22)

Summaries of judgments made in collaboration with the Portuguese judges and référendaire of the General Court (Maria José Costeira, Ricardo Silva Passos and Esperança Mealha)
 ▪

Judgment of the General Court (Grand Chamber), 27 July 2022

Case T-125/22[1] RT France v Council

Common foreign and security policy — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Temporary prohibition of dissemination and suspension of authorisations for the dissemination of certain media content — Inclusion on the list of entities to which the restrictive measures apply — Competence of the Council — Rights of the defence — Right to be heard — Freedom of expression and information — Proportionality — Freedom to conduct a business — Principle of non-discrimination on grounds of nationality

1. Facts

Following the military attack perpetrated by Russia against Ukraine on 24 February 2022, the Council of the European Union adopted, on 1 March 2022, new restrictive measures against Russia, namely Decision 2022/351[2] and Regulation 2022/350[3].

The purpose of those acts is the temporary prohibition of actions for propaganda of that military assault by means of certain media under Russian control. Thus, any operator established in the European Union is prohibited from broadcasting content produced by legal persons, entities or bodies set out in the annexes to the abovementioned acts.

Continue reading “Summaries of judgments: RT France v Council (T-125/22)”

Editorial of September 2022

By Alessandra Silveira and Pedro Madeira Froufe (Editors) 

The (near) future of the European Union: Remarks on the “State of the Union” Address, September 14, 2022

On September 14, 2022, Ursula Von der Leyen, President of the European Commission, delivered her third “State of the Union” address in Strasbourg. The two previous addresses by the President of the Commission were marked by the pandemic. Another kind of crisis conditioned this year’s “State of the Union” address: war. One key idea emerged from the address and was underlined by the President of the Commission: the war we face – which gives rise to many of the problems the Union and its citizens will have to deal with – was caused by Russia’s invasion of Ukraine.

Quite clearly, there is a direct perpetrator of the war being waged in Europe and, in a similar vein, an indirect culprit for the subsequent economic crisis, inflation, and the social and migratory crisis triggered by the war and which the Union will have to overcome: the Russian Federation and the Russian power centered and personalized in Putin. In other words, there was an assertion of political principle at play here; an attempt to make the Union’s geopolitical position clear. Similarly, Ursula von der Leyen proclaimed the impossibility of the European Union (i.e., the historical and values-based framework of integration) being defeated: “this is about autocracy against democracy.” In that sense, unless we relativise the preconditions of integration and the “Union of law”, there is an irreconcilability in conceptual and civilizational perspective that determines the proclamation that Ukraine cannot succumb in these terms.

Continue reading “Editorial of September 2022”