The Making of Sanctions: How the EU Sanctions Against Russia Are Made

The entire lifespan of sanctions (design, implementation, and evaluation) is well-studied by scholars of the European Union (EU), both from a political perspective (Giumelli et al., 2022; Druláková and Zemanová, 2020, Vines, 2012) and a legal one (Finelli, 2023; Poli and Finelli, 2023; Eckes, 2009; Poli, 2022; Poli and Sommario, 2023; Van Elsuwege, 2021; Miadzvetskaya and Challet, 2022). The first moments of this lifespan, that is, the genesis of the sanctions, has, however, proven to be a complex and multifaceted process that has garnered limited academic attention. One of the primary reasons for the lack of scholarly research on EU sanctions design is confidentiality that often surrounds these deliberations (Abazi and Eckes, 2018). EU decision-making on sanctions is typically conducted behind closed doors, with discussions held within the Council of the European Union at ambassadorial level (within COREPER or the Political and Security Committee) (Lonardo, 2022). This secrecy makes it difficult for researchers to access the information necessary to study the decision-making process in detail. Unlike some other areas of policymaking, where legislative debates and votes are open to the public, EU sanctions decision-making occurs largely in the shadows, as it is based on intelligence information whose value would be lost if it was widely shared. Furthermore, the EU’s complex decision-making structure adds another layer of complexity to the study of sanctions design. Decisions are made collectively, requiring consensus among all 27 Member States. This unanimity requirement can result in protracted negotiations and compromises, making it challenging to pinpoint the motivations and strategies of individual Member States during the decision-making process. The third aspect contributing to the lack of study on EU sanctions design is the relatively recent use on this foreign policy tool. While the EU has employed sanctions for decades, their frequency and significance have increased substantially in the past 15 years, peaking in 2022 after Russia invaded Ukraine. In this paper, we present the results of interviews conducted with policy-makers at both EU and national levels regarding the origins of EU sanctions against Russia and Belarus. Through the discussion of these preliminary findings, we aim to formulate a more comprehensive understanding of the adoption of specific sanctions and the key influencers within and between EU and national decision-making bodies. We also explore whether and to what extent external interests, such as the industries of Member States, can influence decision-making on EU sanctions.