Confiscation Orders and Judicial Cooperation in the EU
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.
KeywordsCriminal law Asset confiscation EU Mutual recognition Fundamental rights Confiscation order Execution
- Brown AN (1996) Proceeds of crime, money laundering, confiscation and forfeiture. W. Green/Sweet&Maxwell, EdimburghGoogle Scholar
- Flore D (2014) Droit pénal européen: les enjeux d’une justice pénale européenne. LarcierGoogle Scholar
- Kingah S (2015) Measures for asset recovery: a multiactor global fund for recovered stolen assets. World Bank Legal Review 6:457Google Scholar
- Simonato M (2015) Directive 2014/42/EU and social reuse of confiscated assets in the EU: advancing a culture of legality. New Journal of European Criminal Law 2:195Google Scholar
- Vermeulen G (2014) Essential texts on international and European criminal law. Maklu, Antwerp-ApeldoornGoogle Scholar