Request for the Delisting of Jacques Baud and Others Sanctioned for Lawful Conduct
Petition to the Foreign Affairs Council of the European Union
Language:
Concise Overview

We, the undersigned, urge the Council of the European Union to immediately delist Mr. Jacques Baud and other EU or Schengen-area citizens subjected to restrictive measures under the EU’s Russia-related sanctions regime.
These individuals have been sanctioned not for criminal acts, but for engaging in lawful activities — such as journalism, academic analysis, or political commentary — that are explicitly protected under European fundamental rights frameworks, including freedom of expression and freedom of thought.

Sanctions applied in this context: We call on the Council to:
  1. Immediately delist Mr. Baud and similarly affected citizens;
  2. Refrain from using foreign-policy sanctions to regulate lawful internal speech or dissent;
  3. Review and reform the sanctions regime to restore its compliance with democratic and legal norms

Detailed Rationale

1. Sanctions Applied to Lawful Conduct

The individuals concerned — including Mr. Jacques Baud — have been sanctioned exclusively for activities such as journalistic work, political commentary, academic and geopolitical analysis, or civil and political activism. All of these activities are lawful and explicitly protected within the European Union. They fall under fundamental rights, in particular: None of the sanctioned conduct constitutes a criminal offense under EU law or the law of any Member State. No judicial proceedings have been initiated, no convictions exist, and no violations of criminal or administrative law have been established.


2. Sanctions as Non-Judicial Measures

The Council itself explicitly states that EU sanctions: Because they are considered foreign-policy “measures,” they are not accompanied by the procedural guarantees normally required when coercive action is taken against individuals — such as due process, presumption of innocence, prior hearing, proportionality review, and determination by an independent court.

The Treaties on the Functioning of the European Union authorize the adoption of “measures”, not individual punitive sanctions. Yet the impact of these measures is punitive in nature. This raises serious issues with respect to: In effect, a legal vacuum is created in which individuals suffer severe restrictions on their civil, economic, and social lives without trial and without conviction.


3. Misuse of Foreign Policy Powers for Internal Political Regulation

CFSP sanctions are designed to regulate relations with external actors. Applying them to EU and Schengen-area citizens for their speech, publications, or political positions transforms a foreign-policy tool into a de facto internal disciplinary mechanism.

Because these measures are formally categorized as foreign-policy actions, they remain largely insulated from constitutional safeguards that normally protect citizens. This practice bypasses legal protections embedded in EU law and national constitutions and amounts to an extrajudicial form of internal repression.


4. Lack of Effective Legal Remedy

In theory, sanctioned individuals may appeal to the Court of Justice of the European Union. In practice, however, review is largely limited to procedural issues. The Court generally does not examine: Even where the Court annuls a listing, the Council can immediately relist the same person under slightly modified reasoning. Individuals are therefore forced into repeated litigation without final relief. This makes the right to judicial review illusory, contrary to the rule of law.


5. Disproportionate and Inhumane Effects

EU sanctions impose consequences that extend far beyond any reasonable policy objective, including: freezing of bank accounts, cancellation of credit cards, loss of access to basic services, exclusion from employment and contracts, social and economic isolation.

For EU and Schengen-area citizens, these effects amount to “civil death“, incompatible with the EU’s stated commitment to human dignity, fundamental rights, and democratic pluralism.


6. Incompatibility with the Values of the European Union

Sanctioning EU and Schengen-area citizens — without clear limits and for conduct that remains lawful — conflicts with the foundational values of the Union, including: Even where formally lawful, these practices are extralegal in substance because they circumvent the normative foundations of the European constitutional order.


Final Request

We respectfully request the Council of the European Union to:
  1. Immediately delist Mr. Jacques Baud and others sanctioned for lawful conduct;
  2. Cease applying CFSP measures to citizens for protected speech;
  3. Initiate reform of the sanctions framework to align with the rule of law and fundamental rights.

Conclusion

Sanctions without crime, trial, or remedy may be legal on paper, but they violate the principles of constitutional democracy. If unchecked, such practices set a dangerous precedent for all EU citizens.

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