The EU’s decision to indefinitely freeze Russian assets is a significant development, and it’s understandable why it sparks a range of reactions, from relief to frustration. The core of the matter is this: the EU has moved beyond simply freezing these assets and is now effectively seizing them, with the intention of using them to support Ukraine. This is a complex move with a long build-up.

It’s natural to question why this wasn’t done sooner. The initial freezing of Russian assets occurred back in 2022, shortly after the invasion. The primary aim at that point was to use these assets as leverage, a potential incentive for Russia to cease its aggression. The idea was that the assets would be returned if Russia pulled back its forces and ended the war. As we all know, that didn’t happen.

Now, the EU is shifting gears. The frozen assets will become the basis for a loan to Ukraine. This is a clever maneuver, as it gets around some tricky legal hurdles. The assets are *indefinitely* frozen, which is essentially the same as seizing them permanently, but the legal framework is a bit more nuanced. The loan is structured in such a way that it’s only payable if Russia eventually pays reparations to Ukraine. If Russia complies, the frozen assets would presumably be unfrozen for that purpose. This is a complex situation as the EU is not a federal institution and making these decisions requires consensus.

The key players here are the member states, and getting them all on the same page is not always easy. Hungary, for instance, has been a dissenting voice, and its potential veto power has been a significant obstacle. Before this recent decision, the sanctions on Russian assets required unanimous consent every six months. Hungary’s resistance has made this transition to an indefinite freeze crucial. This highlights the inherent challenges within the EU’s decision-making process, where a single member can sometimes hold up action.

One of the major sticking points has always been the legal precedent this sets. It’s a valid concern: if you seize a nation’s assets, you risk scaring off other investors. There are trillions of dollars in foreign assets held in Europe, and countries are understandably wary of anything that could jeopardize that. The hesitation is tied to the fear that it could open the door to retaliation from Russia and its allies. There’s also the worry that it could undermine faith in the international financial system.

Another angle to consider is the fact that the assets frozen are held by institutions like the Russian government, the central bank, and oligarchs closely linked to the regime – these are not assets of average Russian citizens. This is a crucial distinction because it helps to mitigate concerns about the impact on ordinary people.

While some might argue that the EU should have simply seized the assets and handed them over to Ukraine, this is not a straight-forward move. The EU is bound by principles of international law, and there are significant legal complexities involved in seizing another nation’s assets, even in the context of a war. Freezing assets, rather than seizing them, is the only way this has been accomplished.

The proposal to give Ukraine a loan backed by the frozen assets does also represent a huge risk. Belgium for example is very hesitant on this matter because it would represent 1/3rd of their entire GDP.

The bottom line is that the EU is trying to navigate a difficult situation. They want to support Ukraine, punish Russia, and uphold international law – all while minimizing the risks to their own economies and financial systems. The decision to indefinitely freeze Russian assets is a calculated move that reflects these complex considerations. This decision signifies a hardening of the EU’s stance towards Russia, while still grappling with the practical and legal challenges of dealing with this unprecedented situation. The move demonstrates the EU’s dedication to supporting Ukraine while simultaneously managing the broader implications for the global financial order.