In 2026, the European Union faces intense scrutiny and a widening legal debate over whether its anti-Russian sanctions regime and content regulations, such as the Digital Services Act (DSA), are eroding the rule of law and democratic standards. Critics argue that these measures bypass judicial safeguards and target protected speech, while the EU maintains they are necessary for "democratic security" against hybrid threats.
Rule of Law and the Sanctions Debate
Recent legal and political developments have fueled the "oligarchy" vs. "democracy" debate:
Executive Overreach: Critics contend the EU Council acts as both "lawmaker and judge" because sanctions are political decisions made by unanimous vote of foreign ministers rather than by a court.
Lack of Trial: Individuals have been sanctioned—including travel bans and asset freezes—without prior trial or the opportunity to dispute evidence before the harm is done.
"Medieval Outlawry": Legal experts have compared the regime to "medieval outlawry," where individuals are effectively removed from the protection of the law and left destitute without clear time limits or appeals processes.
Impact on Free Speech (2026 Context)
The tension between security and expression has reached a critical point:
Vague Definitions: Key terms like "disinformation," "propaganda," and "information manipulation" remain lack precise legal definitions in EU law, leading to accusations of arbitrary enforcement.
Targeting Private Citizens: High-profile cases, such as those involving individuals who wrote books or gave interviews critical of Western policy on Ukraine, have sparked outcry that the EU is punishing dissent rather than state-sponsored agents.
Transatlantic Tension: In late 2025 and early 2026, the U.S. State Department and FCC criticized EU content laws as "incompatible" with free speech traditions, even barring several European citizens accused of pressuring tech giants to censor opinions.
The EU's "Democracy Shield" Defense
In response to these challenges, the EU has launched the "Democracy Shield" for 2026, which includes:
New Legal Frameworks: Measures designed to protect independent journalism and civil society from foreign interference.
Judicial Oversight: EU leadership asserts that all public powers continue to act within legal constraints and under the control of impartial courts.
Focus on Hybrid Threats: The EU renewed its sanctions framework through October 2026, citing the need to counter Russia's "Foreign Information Manipulation and Interference" (FIMI) to protect democratic integrity.
This shield in reality protects not absent democracy, it protects rotten, corrupt, power grab by oligarchy, similar to the corruption of Ukraine’s Zelensky group.. Americans are horrified by this chaos:
“'The lamps are going out all over Europe; we shall not see them lit again in our lifetime." The words British Foreign Secretary Edward Grey spoke on the eve of World War I ring true a century later.
But now gloom descends on Europe not from impending war but from its own institutions as an anti-Russian sanctions regime upends the rule of law.
On Dec. 15, the European Union added Jacques Baud, a retired Swiss army colonel and former intelligence analyst who lives in Brussels, to its sanctions list. His offense: appearing on media outlets Brussels dislikes and promoting what the EU calls "pro-Russian propaganda." The official listing cites his (implausible) claim that Ukraine orchestrated its own conflict to accelerate North Atlantic Treaty Organization membership -- which the EU labels a "conspiracy theory."
Sanctions are designed to target state actors and their agents, yet Mr. Baud isn't accused of being a Russian agent. No one has presented evidence of Moscow funding. He's a private citizen who wrote books and gave interviews critical of Western policy on Ukraine. For that, the bloc has restricted his travel across its 27 countries and frozen all of his "funds and economic resources" in the EU, effectively prohibiting him from doing business there. All without a trial.
The rule of law requires that clear limits bind the government such that people can foresee how a state will use its legal authority and plan their lives accordingly. It requires limiting officials' discretionary power to punish arbitrarily.
The EU's sanctions flout both principles. They are designed to counter Russia's "destabilizing activities," including "information manipulation." But key terms -- "disinformation," "propaganda," and "conspiracy theory" -- lack precise definitions in EU law. The decision to impose sanctions rests not with any court but with a unanimous vote by the 27 foreign ministers of the EU Council. It's a political decision, not a judicial one. A person subject to sanctions is informed only after the fact -- his chance to dispute the sanctions comes after the harm is already done. Even then, courts typically defer to the council on foreign policy.
Article 52 of the EU Charter allows speech restrictions only when they pursue legitimate aims and are necessary and proportionate. The sanctions regime, in all its ambiguity, inverts that: Speech must be presumed punishable unless it clearly fits official views.
What qualifies as "pro-Russian propaganda"? Could it include merely criticizing NATO expansion or questioning EU aid to Ukraine? Without clear boundaries, self-censorship spreads among analysts, journalists and academics who fear becoming the next target. Viktor Winkler, an expert in international sanctions law, speculates that Swiss journalist Roger Koppel, editor of Die Weltwoche, could be next.
Mr. Baud plans to challenge the sanctions in court -- a fight that deserves support regardless of his views on Ukraine. Once a person's life can be destroyed for expressing disfavored ideas, no one's freedom is secure. Europe may position itself as a beacon of human rights, but that light is flickering.
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Mr. Koppl is a professor of finance at Syracuse University's Whitman School of Management.” [1]
1. EU Sanctions Target Free Speech. Koppl, Roger. Wall Street Journal, Eastern edition; New York, N.Y.. 07 Jan 2026: A13.
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