Verbatim report of proceedings

Wednesday, 3 October 2018 - Strasbourg

Mutual recognition of freezing and confiscation orders (debate)

  Emilian Pavel, on behalf of the S&D Group. – Madam President, first of all, I would like to thank Ms Griesbeck for her work. Ms Griesbeck, you were tough and you were efficient when it came to defending Parliament’s position, especially when we fought together to protect human rights. I thank you especially for that because, as you know, it was my number one priority.

This regulation is one of the three measures intended to strengthen the EU’s capacity to fight organised crime and terrorism and to cut off the sources of financing for criminals and terrorists across the Union. It is important that this is a regulation and not a directive. We must deprive criminals of the proceeds of their crime. Moreover, confiscation allows victims to be compensated and provides additional funds to invest in law enforcement activities or other crime prevention initiatives.

In June, the Council, following a provisional agreement with Parliament, agreed on new rules. The general principle of recognition means that all judicial decisions in criminal matters taken in one Member State shall be – and normally will be – directly recognised and enforced by another Member State. The regulation sets out a number of grounds for non—recognition and non—execution based on fundamental rights, which we fought for together and we were successful. I would also like to thank the shadows.

In the final text, thanks to our work, many safeguards have been added and fundamental rights will be fully protected. We asked, and achieved, standards, certificates and procedures to allow speedy and efficient freezing and confiscation actions – a deadline of 45 days for the recognition of a confiscation order and, in urgent cases, a deadline of 44 hours for the recognition, and 44 hours for the execution, of freezing orders. Those limits can be postponed only under the strict conditions detailed in this regulation. Finally, yet importantly, there are provisions to ensure that victims’ rights to compensation and restitution are respected in cross—border cases.

This legislative instrument is the first regulation based on the principle of mutual recognition concerning criminal law proceedings. I encourage you to support it and to vote in favour tomorrow.