On addressing impunity through EU sanctions, including the EU Global Human Rights Sanctions Regime (so-called ‘EU Magnitsky Act’)

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

on addressing impunity through EU sanctions, including the EU Global Human Rights sanctions regime (so-called ‘EU Magnitsky Act’)

(2025/2049(INI))

– having regard to the Treaty on European Union (TEU), in particular Articles 2, 3(5), 21, 23, 29 and 31(2) thereof,

– having regard to Article 215 of the Treaty on the Functioning of the European Union (TFEU), which concerns the adoption of restrictive measures against natural or legal persons and groups or non-State entities,

– having regard to the Charter of Fundamental Rights of the European Union,

– having regard to Declaration 25 annexed to the Treaty of Lisbon, which concerns the need to protect and observe the due process rights of individuals or entities concerned by EU restrictive measures or by EU measures combating terrorism,

– having regard to its resolutions on breaches of human rights, democracy and the rule of law (known as urgency resolutions), adopted in accordance with Rule 150 of its Rules of Procedure,

– having regard to Council Decision (CFSP) 2020/1999 and Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses,

– having regard to Council Implementing Regulations (EU) 2021/371 of 2 March 2021 and 2021/478 of 22 March 2021 and 2025/1111 of 28 May 2025 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses,

– having regard to the Council decisions amending Council Decision (CFSP) 2020/1999, including Council Decisions (CFSP) 2021/372 of 2 March 2021, 2021/481 of 22 March 2021, 2021/2197 of 13 December 2021, 2023/1504 of 20 July 2023, 2023/1716 of 8 September 2023, 2024/1025 of 4 April 2024, 2024/1074 of 4 April 2024, 2024/1175 of 19 April 2024, 2024/1967 of 15 July 2024, 2024/3004 of 2 December 2024, 2025/346 of 18 February 2025 and 2025/1110 of 27 May 2025,

– having regard to its resolution of 8 July 2021 on the EU Global Human Rights Sanctions Regime (EU Magnitsky Act) and its resolution of 2 April 2025 on human rights and democracy in the world and the European Union’s policy on the matter – annual report 2024,

– having regard to the Council conclusions of 18 November 2020 on the EU Action Plan on Human Rights and Democracy 2020-2024, which has been renewed until 2027,

– having regard to Council Decision (CFSP) 2023/2721 of 4 December 2023, which extended the EU Global Human Rights Sanctions Regime (EUGHRSR – EU Magnitsky Act) for three years, until 8 December 2026,

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Foreign Affairs (A100000/2025),

A. whereas Article 21 TEU stipulates that the actions of the Union ‘shall be guided by … democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law’;

B. whereas the EUGHRSR – EU Magnitsky Act, adopted in December 2020, enables the EU to impose restrictive measures on individuals and entities responsible for serious human rights violations worldwide; whereas the United States, Canada and the United Kingdom have adopted similar sanctions regimes; whereas cooperation among like-minded countries on sanctions increases their effectiveness;

C. whereas in its resolution of 8 July 2021 on the EUGHRSR – EU Magnitsky Act, Parliament welcomed the adoption of the sanctions regime as an essential addition to the EU’s human rights and foreign policy toolbox;

D. whereas the EUGHRSR – EU Magnitsky Act applies to a broad range of human rights violations and the persons and entities listed can include perpetrators, enablers and third parties supplying material or expertise for repression;

E. whereas numerous Parliament resolutions have called for sanctions instruments to be used more often in cases of core international crimes or serious human rights violations;

F. whereas as at 28 May 2025, 156 listings had been made under the EUGHRSR – EU Magnitsky Act (120 individuals and 36 entities);

G. whereas despite progress, substantial gaps remain in the geographical and thematic coverage of listings and in the establishment of benchmarks aligned with the sanctions’ objectives;

H. whereas listings have primarily focused on violations of physical integrity and civil-political rights, particularly those targeting male political opponents and activists in authoritarian regimes, rather than on core international crimes and systemic violations of socio-economic rights;

I. whereas listings have largely been geographically concentrated, leaving other areas and contexts under-addressed;

J. whereas confidentiality around potential listing or de-listing is key to ensuring the effectiveness of the EUGHRSR – EU Magnitsky Act; whereas Parliament has no role or say in this process;

K. whereas the EUGHRSR – EU Magnitsky Act currently provides only for asset freezes and visa bans;

L. whereas guidance from the Commission remains insufficient to clarify the scope of the prohibitions on delivering technical and material support to sanctioned persons and entities;

M. whereas some implementation loopholes, such as derogation clauses allowing contracts that were concluded before an individual or entity was listed, create opportunities for sanction circumvention;

N. whereas existing EU geographical sanctions regimes include broader restrictions that could complement the EUGHRSR – EU Magnitsky Act through cross-listing;

O. whereas civil society actors continue to engage informally with EU institutions in proposing names for listing, in the absence of a structured mechanism for their input;

P. whereas improved transparency, coordination with accountability mechanisms, coordination with international actors and like-minded countries and the uptake of listings at United Nations level would strengthen the sanctions regime’s effectiveness;

Q. whereas some Member States have failed to comply with EU sanctions by allowing sanctioned individuals to enter the territory of the EU; whereas such failure to comply with the sanctions considerably harms the EU’s credibility and undermines the effectiveness of EU sanction regimes;

R. whereas Parliament has called, in numerous resolutions, for the introduction of qualified majority voting for the adoption of sanctions under the EUGHRSR – EU Magnitsky Act;

S. whereas the extension of the EUGHRSR – EU Magnitsky Act until December 2026 provides an opportunity to review the regime;

1. Reiterates its support for the EUGHRSR – EU Magnitsky Act as a significant tool to strengthen the EU’s human rights toolbox, particularly given its capacity to contribute to changing the behaviour of the targeted persons and entities and to efforts to hold accountable the direct perpetrators, enablers and indirect supporters of serious human rights violations;

2. Reaffirms its unwavering commitment to combating impunity for serious human rights violations and abuses worldwide through the effective use of existing EU sanctions instruments and tools, including the EUGHRSR – EU Magnitsky Act;

A. Policy coherence and strategic effectiveness

3. Calls for a comprehensive impact assessment of the EUGHRSR – EU Magnitsky Act and its links with the EU country-specific sanctions and the other EU horizontal restrictive measures in order to evaluate its effectiveness, including in changing the behaviour of those listed, to identify operational gaps and to ensure consistent and strategic application worldwide, and calls for the EUGHRSR – EU Magnitsky Act to be reviewed in accordance with the findings of this impact assessment;

4. Considers that more information on the de-listing criteria should be made available in order to enhance legal clarity, due process and accountability;

5. Reiterates that it is important for the EUGHRSR – EU Magnitsky Act to be consistent with and complement the EU’s country-specific and horizontal restrictive measures, sectoral measures and arms embargos, as well as existing international sanctions frameworks;

6. Encourages the Council to seek to align EUGHRSR – EU Magnitsky Act listings with the sanctions lists of like-minded partners and the UN Security Council, where politically and legally feasible, in order to enhance global legitimacy and effectiveness;

7. Underlines that it is important for EU candidate countries and potential candidate countries to align with the EUGHRSR – EU Magnitsky Act, in line with their broader alignment with the EU’s common foreign and security policy;

8. Fully supports the possibility of imposing targeted anti-corruption sanctions within the EU framework, which has been a long-standing priority of Parliament, whether through its inclusion in the EUGHRSR – EU Magnitsky Act or under a different regime;

9. Urges the Member States to refrain from bilateral political or diplomatic actions that undermine or contradict the EU’s unified stance on sanctions;

10. Condemns the fact that some EU Member States have failed to comply with EU sanctions by allowing sanctioned individuals to enter EU territory, thereby harming the credibility and effectiveness of sanctions; urges all EU Member States to fully and unconditionally comply with EU sanctions; calls for the Commission, as the guardian of the Treaties, to ensure that EU Member States comply with the sanctions and to rigorously address any instances of non-compliance by Member States;

B. Strengthening the fight against impunity

11. Calls for the EU sanctions regime to be consistent with and complement international criminal law, international humanitarian law, and EU policies related to the rule of law and fundamental freedoms, with the aim of strengthening the fight against impunity worldwide;

12. Urges the EU to strategically align EUGHRSR – EU Magnitsky Act listings with national and international criminal justice efforts, including by listing individuals indicted by international courts and perpetrators of core international crimes;

13. Urges the Council to correct current geographical and thematic imbalances in listings under the EUGHRSR - EU Magnitsky Act by extending listings beyond the current geographical concentration;

C. Transparency, accountability and the role of civil society

14. Recommends enhanced transparency in the sanctions process, while upholding the rights of listed individuals to effective judicial review;

15. Recommends that behavioural change by listed individuals and entities, such as cooperation with international justice mechanisms, be formally recognised as a de-listing criterion to incentivise accountability and compliance;

16. Proposes a structured consultation mechanism for civil society engagement in the sanctions process, including the establishment of a dedicated contact point;

17. Calls for the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to provide Parliament with timely information about decisions on sanctions under the EUGHRSR – EU Magnitsky Act;

D. Preventing circumvention and strengthening enforcement tools

18. Calls for the EUGHRSR – EU Magnitsky Act to be reviewed to prevent sanction circumvention by issuing explicit guidance on the prohibition on providing economic resources and technical and material support to listed individuals and entities;

19. Encourages the cross-listing of entities under both the EUGHRSR – EU Magnitsky Act and geographical sanctions regimes where appropriate;

20. Calls on the Council to review derogation clauses to ensure that contracts concluded before a person is listed do not benefit their family members or associates, or any entities controlled by the sanctioned person;

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21. Instructs its President to forward this resolution to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy.

EXPLANATORY STATEMENT

This motion for a resolution addresses the pressing need to enhance the European Union’s efforts to combat impunity for serious human rights violations through targeted restrictive measures. It focuses on the implementation, effectiveness, impact, and future direction of the EU Global Human Rights Sanctions Regime (EUGHRSR), commonly referred within the European Parliament as the EU Magnitsky Act.

Adopted in December 2020, the EUGHRSR – EU Magnitsky Act enables the EU to impose asset freezes and travel bans on individuals and entities responsible for serious human rights abuses worldwide. Despite its significance as a foreign policy tool, the regime still faces several operational, geographical, and legal challenges that hinder its full potential.

As of May 2025, 154 listings (118 individuals and 36 entities) have been made under the regime. However, with the report concerns are expressed over the narrow focus of the listings – both geographically and thematically – as they tend to center on certain geographical areas, and specific political and civil rights violations in authoritarian contexts, while under-addressing core international crimes and systemic socio-economic rights abuses. The gender perspective of the application of the EUGHRSR – EU Magnitsky Act is also under analysis.

The report underlines the need for a more coherent and strategic use of the sanctions regime, aligned with broader EU foreign policy objectives and other restrictive measures. It calls for an impact assessment of the regime’s effectiveness, greater alignment with international partners, improved enforcement by Member States, and enhanced transparency and accountability.

Additionally, the text proposes to identify avenues for improving the sanctions instruments, and measures to close implementation loopholes and prevent sanctions circumvention. The report also aims to identify ways for the European Parliament and other relevant actors such as civil society organisations to contribute to the process of suggestions for listing criteria. It also reiterates its long-standing support for including anti-corruption sanctions within the EU framework.

Importantly, the draft report stresses that a review of the regime – following its prolongation until December 2026 – would provide a critical opportunity to address current shortcomings and reinforce the EU’s commitment to human rights, the rule of law, and the fight against impunity globally.