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The confiscation of criminals' illicit profits is considered an effective tool in the fight against organised crime, identified as a major threat to EU security. However, despite the comprehensive set of EU rules on asset freezing and confiscation, there are still obstacles on the path to recovering criminal assets, as shown by the European Commission's June 2020 evaluation of the 2014 directive on freezing and confiscation of instrumentalities and proceeds of crime and the 2007 Council decision ...

The Russian invasion has caused huge destruction of life and property in Ukraine. Reconstruction will be a long and costly process, and the EU and others are already marshalling funds for this effort. Some EU leaders have expressed support for using frozen Russian central bank (RCB) funds towards reconstruction, but it is unclear if this will actually happen. There are recent examples of sovereign assets being confiscated and used to compensate victims of injustice, but the confiscation of Russia's ...

Confiscation of instrumentalities and proceeds of crime is a key tool for depriving criminals of ill-gotten gains that could be reinvested in further criminal activities. Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime was adopted in 2014 to harmonise the rules by introducing minimum standards. In 2019, following a joint statement by the Parliament and Council, a dedicated staff working document on non-conviction based confiscation measures in the ...

On 1 May 2021, the Trade and Cooperation Agreement (TCA) between the European Union (EU) and the United Kingdom (UK) entered into force, having been provisionally applied since 1 January 2021. One of the areas covered by the TCA, in its Part Three, is security cooperation between EU and UK law enforcement and judicial authorities in criminal matters. The 13 titles under Part Three contain extensive provisions aimed at enabling the continuation of information exchange, including personal data, between ...

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, ...

Freezing and confiscation orders

Накратко 26-09-2018

The European Commission proposed, in 2016, a new regulation to improve the EU legal framework on the freezing and confiscation of criminal assets in cross-border cases. It covers new types of confiscation orders, speeds up procedures and ensures victims' rights to compensation and restitution. The European Parliament is due to vote during its October I plenary session on the agreed text reached in trilogue negotiations.

The IA for the proposed regulation has a number of weaknesses that could be attributed to political urgency and the need for EU action in the area of freezing and confiscation of criminal assets, notably since the recent terrorist attacks in France, Belgium and Germany. Overall, the IA lacks sound data and this is openly recognised throughout the document. In the context of the IA, no public consultation took place and no ex-post evaluation of existing mutual recognition instruments was carried out ...

This Research Paper examines the costs of non-Europe in the field of organised crime. It provides an interdisciplinary analysis of the main legal/ethical, socio-political and economic costs and benefits of the EU in policies on organised crime. It offers an in-depth examination of the transformative contribution that the EU has made, in terms of investigation, prosecution and efficiency, to trans-border operational activities and the protection of its citizens’ rights. Finally, it seeks to answer ...

Since the ousting of Hosni Mubarak and Zine El Abidine Ben Ali, the EU has frozen assets of 67 people suspected of concealing abroad state funds misappropriated in Egypt and Tunisia. But despite high-level political declarations sup¬porting the recovery of these assets, there seems to be little prospect of their swift return to the countries of origin.

The note evaluates the current legislation on the asset recovery process both at the EU and Member States level, with a view to assessing the need and the feasibility of establishing EU regulation on the use of confiscated assets for civil society and in particular for social purposes. It points out that at the EU level only limited attention has been given to the final destination of confiscated assets and that within Member States using confiscated assets for social purposes is not a widely established ...