RECOVER: Mutual recognition of seizure and confiscation orders between efficiency and the rule of law

For many years, and especially after the entry into force of the Lisbon Treaty, the confiscation of assets derived from criminal activities has represented an essential tool in the European strategy to fight organized and lucrative crime. Following Framework Decisions 2001/500/JHA and 2005/212/JHA, Directive 2014/42/EU was adopted to harmonize freezing and confiscation orders. However, these instruments “did not fall within the scope of the Directive in terms of the types of confiscation orders covered”, and consequently, there was no obligation for Member States (MS) to recognize all confiscation orders made possible by the Directive. 

Faced with this, the European legislator introduced Regulation (EU) 2018/1805 (REG) which imposes mutual recognition (MR) of freezing and confiscation orders issued in the framework of proceedings in criminal matters. 

With the aim of improving the implementation of the REG on the MR of freezing and confiscation orders as a fundamental tool of cooperation in the fight against organized and economic crime, the RECOVER project is considered the first impact assessment of the REG from a substantive criminal law point of view. 

The REG has a strong political value because of its impact in terms of criminal policy and its spill-over effect of mutual recognition on substantive issues. RECOVER assists in the creation of a network of prosecutors, judicial and asset recovery offices in 10 EU MS, not only to detect and overcome legal problems in the interpretation of the ERW, but also to create the substantive conditions in the implementation of the Regulation. 

With the intention of creating the necessary conditions for its application in accordance with the rule of law, increasing mutual trust and harmonization, RECOVER presents different steps to be followed such as the establishment of the object of the ERW by clarifying the concept of “proceedings in criminal matters” or the determination of the forms of freezing and confiscation contemplated in the REG in each MS, with the necessary safeguards. 

These objectives will be realized through the network of partner MS, which will be established through desk analysis, national reports based on questionnaires or workshops as a tool for direct dialogue. Best practices, guidelines and reform proposals will be collected in a comprehensive database available to all EU MS for the successful implementation of REG.