Directive 2014/42/EU and Social Reuse of Confiscated Assets in the EU: Advancing a Culture of Legality

Abstract

The article considers the EU legal framework on the disposal of confiscated assets and instrumentalities of crime, mainly focusing on their reuse for social purposes. Directive 2014/42/EU reinforces the tools for tracing and recovering the proceeds and instrumentalities of crime. However, the Directive shows that confiscation orders are no longer regarded solely as means of depriving criminal organizations of their resources. In fact, Article 10, par. 3, urges national legislators to consider the adoption of any necessary measure in order to allow for the reuse in the public interest or for social purposes of confiscated assets. This new approach can foster a positive attitude to strategies aimed at tackling crime, in particular fostering a culture of legality, helping to prevent criminal activities and supporting economic and social development at local level. The destination of confiscated assets for social reuse is an existing option in many national legal orders, but it is often considered a last resort or a residual solution. Moreover, the Directive does not bind the Member States to implement common EU standards on this matter, so that the road to a fully effective maximization of the value of confiscated assets is still long.