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Mutual recognition of freezing and confiscation orders [EU Legislation in Progress]

Written by Carmen-Cristina Cîrlig (2nd edition, updated on 12.12.2018),

Small white house, car and a decorative chain on a dark background. Concept - risks, lose property, seize, mortgage.

© 008melisa / Fotolia

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, provisional agreement was reached in interinstitutional negotiations and the European Parliament voted the agreed text on 4 October 2018. The Council followed suit on 6 November 2018. The final act was signed on 14 November and published in the Official Journal of the EU on 28 November 2018. The regulation will apply 24 months after its entry into force, namely from 19 December 2020.


Proposal for a regulation of the European Parliament and of the Council on the mutual recognition of freezing and confiscation orders
Committee responsible: Civil Liberties, Justice and Home Affairs (LIBE) COM(2016) 819
Rapporteur: Nathalie Griesbeck (ALDE, France) 2016/0412 (COD)

Shadow rapporteurs:




Salvatore Domenico Pogliese (EPP, Italy)
Emilian Pavel (S&D, Romania)
Monica Macovei (ECR, Romania)
Barbara Spinelli (GUE/NGL, Italy)
Eva Joly (Greens/EFA, France)
Ignazio Corrao (EFDD, Italy)
Lorenzo Fontana (ENF, Italy)
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
Procedure completed. Regulation (EU) 2018/1805
OJ L 303, 28.11.2018, pp. 1-38
EU Legislation in progress: Adoption


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