Regulation (EU) 2018/1805: Mutual recognition of freezing and confiscation orders between efficiency and safeguards. “Proceedings in criminal matters” and non-conviction based confiscation

Abstract

December 2020 saw the entry into force of Regulation 1805/2018, the adoption of which is a doubly important event: first, because it confirms the principle of mutual recognition in this sensitive area, following Framework Decision 2006/783/JHA; second, because it establishes mutual recognition by means of a directly applicable legislative measure, a Regulation, adopted in accordance with the ordinary legislative procedure pursuant to Art. 82 (1) TFEU. In order to understand the scope of the Regulation – what types of domestic confiscation are covered – it is important to interpret the EU autonomous concept of “proceedings in criminal matters” (art. 1), “notwithstanding the case law of the European Court of Human Rights” (recital 13). To increase enforcement, it will be crucial to improve harmonisation through the new proposed Directive (May2022).