JUSTICE AND CONSUMERS - Conference on strengthening the mutual recognition of freezing and confiscation orders

Brussels, 20 June 2016

Making sure that crime does not pay by recovering assets deriving from criminal activity is a very effective mechanism to combat crime. The EU is strongly committed to improving asset recovery. In its Communication of 2.2.2016 on an Action Plan for strengthening the fight against terrorist financing, the Commission committed to strengthening the mutual recognition of freezing and confiscation orders. Furthermore, the European Agenda for Security also attaches a strategic importance to the need for improving the mutual recognition of freezing and confiscation orders.

The current EU legal framework on asset recovery consists of two harmonisation and two mutual recognition instruments. They have driven improvements in criminal justice across the EU, complement each other, and both types of instruments are necessary for a well-functioning asset recovery regime. However, none of the two mutual recognition instruments requires the mutual recognition of the more modern forms of confiscation: extended or non-conviction based confiscation orders, or of freezing orders preparing them, nor do they provide for the compensation of victims.

When adopting the most recent EU instrument in field of asset recovery (Directive 2014/42/EU, a harmonising measure), the European Parliament and the Council issued a joint statement calling on the Commission "to present a legislative proposal on mutual recognition of freezing and confiscation orders at the earliest possible opportunity" (…) "considering the need of putting in place a comprehensive system for freezing and confiscation of proceeds and instrumentalities of crime in the EU".

This conference, organised jointly by the Netherlands Presidency and the Commission, will help the Commission to put forward a proposal for a mutual recognition instrument that takes into account the views of stakeholders and addresses the needs on the ground.

Written observations on these subjects are welcome and should be addressed to this email address: JUST-CRIMINAL-JUSTICE@ec.europa.eu

Who should attend?

Practitioners who are involved in issuing and executing cross-border confiscation and freezing orders, including judges, prosecutors, asset recovery agencies; defense lawyers, bar associations, organisations representing victims of crime; anyone wishing to contribute to the debate on how to improve cross-border asset recovery within the EU through the increased use of mutual recognition instruments.

Structure

The day will comprise panel discussions combined with a few presentations. It is intended that there be plenty of opportunity for contributions from the floor.

Interpretation

will be provided to and from English, French, German, Italian, Spanish, Dutch, Portuguese, Czech and Polish

Registration

Please register here . The event is open to anyone wishing to contribute to the debate on how to improve cross-border asset recovery within the EU through the increased use of mutual recognition instrument, subject to the availability of space.

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