THE COMPATIBILITY OF RESTRICTIVE MEASURES REGARDING CYBERATTACKS WITH THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EU

Abstract

The realm of cyberspace presents a landscape of both promise and peril, spanning economic domains to matters of security. In response, the EU has diligently crafted a comprehensive cybersecurity framework, rooted in cyber diplomacy, to mitigate and counter cyber disruptions and threats. This work embarks on an exploration of the legal underpinnings of restrictive measures or sanctions as outlined in Council Decision 2019/797 and Council Regulation 2019/796. Through a thorough analysis of this framework, the paper scrutinizes the compatibility of unilateral cyber sanctions with the fundamental rights enshrined in the Charter of Fundamental Rights of the EU. It underscores the imperative of clear and unambiguous legislation in upholding due process, safeguarding the rule of law, and preserving the core values of the EU.