Towards a new European Union policy on asset recovery and confiscation?

Abstract

This article explores the dynamics of the European legislation in the area of asset recovery and confiscation. At the same time, it provides a critical perspective on the provisions of the Proposal for a Directive of the European Parliament and of the Council on the recovery and confiscation of assets. The adoption of the legislative project will repeal the provisions of Directive 2014/42/EU, respectively four other European normative acts, including Council Decision 2007/845/JAI on asset recovery proceedings. The first part of the article presents the legislative framework in force, by referring to the evolution of the legislative process that led to the adoption of a new legal instrument whose purpose is to remedy the shortcomings that the current legislative framework encounters in the fight against organized crime. In the following section, from the point of view of the legal terminology used, the main changes and inadvertencies that the Directive Proposal generates are highlighted. The third part of the paper presents the six stages of the asset recovery and confiscation process, in comparison to Directive 2014/42/EU. Finally, the paper proposes its own ideational stance on the direction that the European legislator wishes to implement in creating a unique harmonization instrument for the European Union in the field of asset recovery and confiscation.