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One more year

On 8 October 2026 the Council of the European Union extended until 9 October 2027 the sanctions regime against “Russia’s destabilising activities”, known as the “hybrid threats” regime. In the same act it rewrote, without explanation, the statement of reasons targeting the retired Swiss colonel Jacques Baud: in the legal qualification, Ukraine, previously named as the threatened third country, becomes a generic “third country”, and “democracy” is added. The alleged facts, which still mention Ukraine, remain unchanged, and Baud’s action before the EU General Court (Case T-169/26) is still pending. This paper updates the author’s December 2025 research. It traces the growth of the regime, which in two years has expanded to some 80 individuals and 20 entities; assesses the case against Article 10 ECHR and Articles 11 and 52 of the EU Charter of Fundamental Rights, in light of the RT France and Kiselev judgments; and places it within the framework of the European Democracy Shield. It then compares the EU approach with Switzerland’s, which shares the diagnosis of foreign interference but relies on awareness-raising rather than individual blacklists, and with the Council of Europe, which for the gravest crime has chosen the path of a court. Finally, it examines how the extension was reported by the Swiss media. A trend emerges in three movements: from media outlets to individuals, from conduct to legal qualification, from the judge to the administration. The decisive test will come from Luxembourg; for Switzerland, defending the freedom of expression of one of its citizens is a matter of principle, not merely of consular protection.

ITEN

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