Good morning.
With the approval of the discriminatory death penalty bill by the Israeli parliament on 31 March — described by the EU top diplomat Kaja Kallas on behalf of the 27 as “a violation of the right to life” — calls for Europe to “do something” continue to echo in Brussels.
But there is little reason to believe the statements of concern will go further than that.
As its largest trading partner, the EU has plentiful leverage and tools it could use to punish or pressure Israel.
In reality, however, these options are overshadowed by a larger strategic priority: avoiding any kind of confrontation with the US, Israel’s closest ally.
Sadly, this allows the Israeli government to continue acting with complete impunity while the international community remains largely complacent — even if this is pissing off some EU member states, such as Spain or Ireland.
The EU is a complex mechanism of institutions, policy-making, and archetypes. And this is why, when there is political will, avenues and creative ways to make things magically happen are found, one way or another.
In the last two years, and in light of the devastating humanitarian situation in Gaza, most of the debate in Brussels has been focused on the suspension of the 2020 trade association agreement between the EU and Israel. And rightly so, since it remains the EU’s most powerful instrument of leverage over Israel.
In September 2025, the European Commission finally proposed its partial suspension due to Article 2 breaches (human rights violations), and amid UN warnings of systemic war crimes and genocidal rhetoric by Israeli officials.
But the move was largely symbolic, lacking the member-state backing even to subject it to a vote. No surprises there. In July 2025, EU foreign ministers showed no appetite for Kallas’s 10-point plan, which also included suspending visa-free travel and blocking settlement imports. And by October 2025, only a partial suspension from the Horizon research programme had reached a formal proposal, and it, too, failed to gain sufficient support.
Hungary, Austria, Bulgaria and the Czech Republic rejected the suspension. And a few countries, including Germany, said during that meeting that they needed more time to study the details.
Notably, from this group, Germany issued this week strong words of condemnation against Israel’s new ‘Palestinians-only’ death-penalty bill.
But let’s be honest, the world couldn’t be more tired of the statements of concern by EU leaders.
In fact, the failure of member states to back collective action should shift the spotlight to the commission’s powers. Having often centralised decision-making in other crises, Ursula von der Leyen now faces calls to show some executive muscle to pressure Israel and make sure EU law and international law are respected.
Here is a reminder of two things von der Leyen could do:
First, as previously published by EUobserver in an opinion article by professor Yiorgos Vassalos, the commission could use the Model Grant Agreement’s ethical clauses to suspend payments to Israeli entities immediately, as it did with Russian organisations after the invasion of Ukraine in 2022.
When asked whether this has ever been on the table, the commission did not respond to EUobserver’s questions.
Secondly, privacy experts are calling to suspend data transfers between the EU and Israel. The basic argument is that if the judiciary cannot protect the "right to life" or "non-discrimination," it is argued they cannot be trusted to protect "data privacy."
Unlike the trade agreement (which requires member states’ support), the GDPR adequacy decision is an implementing act. Advocates urge the commission to trigger Article 45(5) and suspend data flows.
These are both small steps, but they would show that Brussels is willing to use the tools already available to act.
But as mentioned, this is highly unlikely. Brussels risks repeating a familiar pattern: statements of concern followed by institutional paralysis.
Elena Sánchez Nicolás, editor-in-chief
Geen opmerkingen:
Een reactie posten