Between the medium and the minimum options to regulate mutual recognition of confiscation orders
| Author | Ariadna H. Ochnio |
| Published date | 01 December 2018 |
| DOI | 10.1177/2032284418806667 |
| Date | 01 December 2018 |
| Subject Matter | Articles |
Article
Between the medium
and the minimum options
to regulate mutual
recognition of
confiscation orders
Ariadna H. Ochnio
Polish Academy of Sciences, Poland
Abstract
The proposal for a regulation on the mutual recognition of freezing and confiscation orders is
aimed at solving the problems of criminal asset recovery in cross-border cases. The policy option
adopted is in fact an alternative to a deeper harmonization of national confiscation systems,
accordingly the Member States may view it as an attempt to impact their internal legal systems by
the so-called side door, with the mutual recognition principle and the idea of combatting terrorism
being, respectively, the key and password to unlock It. If this strategy is successful, it can be
anticipated that it will become in the future a model for regulation of non-confiscation issues at the
European Union level for which deeper harmonization has proved too difficult. Among the four
regulatory options discussed in the legislative process, there are good reasons in support of an
evolutionary approach, which is reflected in the option referred to as the ‘minimum’, based on the
use of the legal form of a directive.
Keywords
Principle of mutual recog nition, minimum harmoni zation, criminal confi scation, criminal asset
recovery, proceeds of crime
Introduction
The proposal for a regulation of the European Parliament and of the Council on the mutual
recognition of freezing and confiscation orders of 21 December 2016 (after this referred to as ‘the
Corresponding author:
Ariadna H. Ochnio, Department of Criminal Law, Institute of Law Studies, Polish Academy of Sciences, Nowy S
´wiat St. 72
(Pałac Staszica), 00-330 Warsaw, Poland.
E-mail: ariadnaochnio@wp.pl
New Journal of European Criminal Law
2018, Vol. 9(4) 432–445
ªThe Author(s) 2018
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DOI: 10.1177/2032284418806667
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