Abstract
In a Europe without borders, where assets and capital move freely, the effectiveness of freezing and confiscation orders presupposes close cooperation between Member States. Normally harmonisation precedes mutual recognition. Regulation (EU) 2018/1805 brings about a new strategy for increasing the effectiveness of asset recovery: the aim is to achieve harmonisation through mutual recognition. This article briefly reviews the evolution of Union law on confiscation orders, discusses the scope of the new Regulation, and seeks to anticipate the difficulties that its application may entail as regards the respect for fundamental rights.
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