Sancțiunile financiare internaționale bazate pe informații din surse deschise. Reflecții asupra unei afaceri recente
International Financial Sanctions Based on Information from Open Sources. Reflections on a Recent Case
Author(s): Cosmin Flavius Costaş, Radu Călin Buda, Septimiu Ioan PuţSubject(s): International Law, Law on Economics, Financial Markets, ICT Information and Communications Technologies, EU-Legislation, Commercial Law
Published by: Editura Hamangiu S.R.L.
Keywords: international sanctions; financial sanctions; funds; fertilizers; fertilizers’ market; distribution network; control; standard of proof; open sources; Internet; national competent authorities;
Summary/Abstract: In some recent cases heard by the Romanian courts, the international financial sanctions were in the light. In fact, some companies have been struck with such sanctions under Regulation (EU) no. 269/2004 based on an alleged provision of funds to natural persons sanctioned by the same Regulation. However, the reasoning of such decisions to sanction raised a number of legal issues, particularly since the documentation of national competent authorities consisted merely of information from open sources (Internet). The authors analyze in depth, referring to a decided case at national level, the legal force of open sources and the standard of proof in such cases, based on the relevant case‑law of the Court of Justice of the European Union.
Journal: Cluj Tax Forum
- Issue Year: V/2022
- Issue No: 4
- Page Range: 243-255
- Page Count: 13
- Language: Romanian
- Content File-PDF