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On 1 May 2021, the Trade and Cooperation Agreement (TCA) between the European Union (EU) and the United Kingdom (UK) entered into force, having been provisionally applied since 1 January 2021. One of the areas covered by the TCA, in its Part Three, is security cooperation between EU and UK law enforcement and judicial authorities in criminal matters. The 13 titles under Part Three contain extensive provisions aimed at enabling the continuation of information exchange, including personal data, between ...

In order to respond more effectively to the challenge of criminals and terrorists hiding assets in other Member States, in 2016 the European Commission proposed a regulation on the mutual recognition of freezing and confiscation orders in criminal matters. The directly applicable instrument removes the need for national transposition, broadens the scope of the current rules to cover new types of confiscation and includes provisions on victims' rights to restitution and compensation. In June 2018, ...

Nel 2016 la Commissione europea ha proposto un nuovo regolamento volto a migliorare il quadro giuridico dell'UE in materia di congelamento e confisca dei proventi di reato nei casi transfrontalieri. Il regolamento copre nuovi tipi di provvedimenti di confisca, accelera le procedure e garantisce il diritto delle vittime al risarcimento e alla restituzione. Il Parlamento europeo si appresta a votare il testo concordato in sede di trilogo nel corso della tornata di ottobre I.

The IA for the proposed regulation has a number of weaknesses that could be attributed to political urgency and the need for EU action in the area of freezing and confiscation of criminal assets, notably since the recent terrorist attacks in France, Belgium and Germany. Overall, the IA lacks sound data and this is openly recognised throughout the document. In the context of the IA, no public consultation took place and no ex-post evaluation of existing mutual recognition instruments was carried out ...

This Research Paper examines the costs of non-Europe in the field of organised crime. It provides an interdisciplinary analysis of the main legal/ethical, socio-political and economic costs and benefits of the EU in policies on organised crime. It offers an in-depth examination of the transformative contribution that the EU has made, in terms of investigation, prosecution and efficiency, to trans-border operational activities and the protection of its citizens’ rights. Finally, it seeks to answer ...

Since the ousting of Hosni Mubarak and Zine El Abidine Ben Ali, the EU has frozen assets of 67 people suspected of concealing abroad state funds misappropriated in Egypt and Tunisia. But despite high-level political declarations sup¬porting the recovery of these assets, there seems to be little prospect of their swift return to the countries of origin.

The note evaluates the current legislation on the asset recovery process both at the EU and Member States level, with a view to assessing the need and the feasibility of establishing EU regulation on the use of confiscated assets for civil society and in particular for social purposes. It points out that at the EU level only limited attention has been given to the final destination of confiscated assets and that within Member States using confiscated assets for social purposes is not a widely established ...

Every year an estimated €55 billion in intra-EU trade is written off in bad debts. A significant part of this is theoretically recoverable from debtors' bank accounts. But with court judgments on the merits potentially taking several years, creditors have looked to provisional measures such as preservation orders to freeze a debtor's bank account.  Where there is a cross-border element, such orders have faced significant enforcement problems. They are currently used less and with a lower success ...

Combating terrorist financing contributes to combating terrorism (terrorist acts and terrorist organisations). There is considerable international and European “legislation” on terrorist financing, and the initiatives taken in this field have increased significantly since the attacks of 11 September 2001. The main players, the United Nations, the Council of Europe, the Financial Action Task Force and the European Union have addressed the issue of terrorist financing from different perspectives (the ...