The International Center for Ukrainian Victory (ICUV) has asked Professor Régis Bismuth of the Sciences Po Law School to investigate the legal aspects of France’s potential measures regarding the confiscation of the Russian Federation’s assets, including the assets of the Central Bank of Russia. The study explores whether France can independently make such a decision or if approval at the European Union level would be required. It also examines the key constitutional and international constraints that could affect the legality of these actions.
Professor Bismuth analyzes the legal barriers and international agreements that France has entered into at both bilateral and multilateral levels, which may limit the possibility of such a decision. The research further describes how the Russian Federation or the Central Bank might attempt to challenge such a confiscation in French administrative or constitutional courts, as well as in the European Court of Human Rights (ECtHR) or the Court of Justice of the European Union (CJEU).
It is important to consider how France’s decision on asset confiscation could impact its international relations. Specifically, the study addresses whether this could set a precedent for other countries to confiscate the assets of aggressors as compensation and how it might affect France’s diplomatic relations with other states.
The full brief is attached to the article or available via the link in English, and in French.