Borderless enforcement of freezing and confiscation orders in the EU: the first regulation on mutual recognition in criminal matters

Abstract

This article analyses the main novelties introduced by Regulation (EU) 2018/1805 in cross-border asset recovery. The new instrument, to overcome the shortcomings of the previous regime, has a very broad (though not so clear) scope of application, streamlines the procedures for mutual recognition and execution of freezing and confiscation orders, while at the same time paying increased attention to the procedural safeguards of affected persons and the rights of victims. The article will therefore discuss and critically assess these aspects, both in terms of effectiveness of cooperation and respect for fundamental rights.