A mighty plan in a cautious tone – Directive (EU) 2024/1260 on asset recovery and confiscation

Abstract

On April 24, 2024, the Directive (EU) 2024/1260 on asset recovery and confiscation was adopted. This new instrument for harmonizing European legislation will replace Council Decision 2007/845/JHA, through which, at the moment, cooperation between Asset Recovery Offices in the member states takes place, as well as Directive 2014/42, which, among other rules, established the obligation of each member state to regulate the institution of extended confiscation, as well as important rules in the field of management and interlocutory sales of assets during the criminal proceedings. At the end of 30 months from the moment of adoption, the new Directive will represent, together with Regulation 2018/1805, the basis of international cooperation in criminal matters at the level of the European Union. In this context, we set out to analyse some of the normative directions that will have to be transposed into the national legislations, accompanied by the concerns that existed during the negotiation of this instrument to which I had the opportunity to contribute directly, as a national expert who participated in the meetings of the Working Party on Judicial Cooperation in Criminal Matters (COPEN) at the level of the Justice and Home Affairs Council.