Confiscation Orders and Judicial Cooperation in the EU

Abstract

Following ongoing reflection and experience at European level, it is possible and necessary to reason about the main features of the EU’s legal strategy in building a simplified procedure for the recognition of confiscation orders among EU countries, in order to avoid the different barriers to the effectiveness of the EU’s regime on the confiscation of proceeds of crime. It’s significant in this context to focus on the consequences of the principle of mutual recognition on the rights of individuals. The proposal for a new regulation on the mutual recognition of freezing and confiscation orders aims to amend the EU’s regime and eliminate gaps, uncertainties that legal rules still present; however, its adoption might significantly improve effectiveness of the EU’s action if the emphasis on legal solutions doesn’t come at the expense of broader questions concerning the safeguards applicable to domestic criminal proceedings which are crucial to ensuring effective cooperation between Member States in recovery action.