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

Written by Carmen-Cristina Cîrlig (1st edition),

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.

Provisional agreement having been reached in interinstitutional negotiations in June 2018, the European Parliament is due to vote on the agreed text of the regulation in October 2018. The Council should follow suit shortly. The regulation will apply 24 months after its entry into force.


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’)
Next steps expected: First-reading vote in plenary

EU Legislation in progress timeline


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