The Effectiveness of eu Law: Insights from the eu Legal Framework on Asset Confiscation

Accepted version
Repository DOI

Type
Article
Change log
Authors
Fazekas, Mihaly 
Nanopoulos, Eva 
Abstract

jats:pBased on an institutional and legal mapping of the field across Europe, this article explores the different barriers to the effectiveness of the jats:sceu</jats:sc>’s regime on the recovery and confiscation of proceeds of crime. The aim is to provide a better understanding of the challenges that arise in this field and suggest possible areas of legal or policy intervention. But it is also — using the example of asset confiscation — to contribute to debates about the effectiveness of the jats:sceu</jats:sc>’s legal strategy in building a genuine area of freedom, security and justice. The article argues that, despite the adoption of new legislation in this field and the stronger institutional framework introduced by the Treaty of Lisbon, the effectiveness of the jats:sceu</jats:sc>’s action is unlikely to significantly improve. The legal rules still present a number of deficiencies and the emphasis on formal legal solutions has come at the expense of broader questions of transposition and utilisation, which are however crucial to ensuring effective recovery.</jats:p>

Description

This is the author accepted manuscript. The final version is available from Brill via https://doi.org/10.1163/15718174-24012083

Keywords
asset confiscation, EU, utilisation, effectiveness, legal and institutional barriers
Journal Title
European Journal of Crime, Criminal Law and Criminal Justice
Conference Name
Journal ISSN
0928-9569
0928-9569
Volume Title
24
Publisher
Brill
Sponsorship
The authors would like to express their gratitude to colleagues at RAND Europe, namely Barry Irving and James Forsaith; and researchers at the ANTICORRP research project, namely Salvatore Sberna and Pedro Gomes Pereira. In addition, the authors would also like to thank the anonymous reviewer for providing constructive and critical comments.