Members' Research Service By / March 2, 2023

Revision of the EU rules on asset recovery and confiscation [EU Legislation in Progress]

Serious and organised crime remains a major threat to EU security. While precise statistics are lacking – both globally and at EU level – revenues generated by organised crime are substantial.

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

The confiscation of criminals’ illicit profits is considered an effective tool in the fight against organised crime, identified as a major threat to EU security. However, despite the comprehensive set of EU rules on asset freezing and confiscation, there are still obstacles on the path to recovering criminal assets, as shown by the European Commission’s June 2020 evaluation of the 2014 directive on freezing and confiscation of instrumentalities and proceeds of crime and the 2007 Council decision on asset recovery offices (AROs).

To address this situation, in May 2022 the European Commission adopted a proposal to amend the 2014 directive with a view to strengthening the EU’s asset recovery and confiscation rules and reinforcing the powers of AROs.

The European Economic and Social Committee adopted its opinion on the proposal on 14 December 2022. In the European Parliament, the Committee on Civil Liberties, Justice and Home Affairs is in charge of the file and published its draft report on 14 February 2023.

Versions

Proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation
Committee responsible:Committee on Civil Liberties, Justice and Home Affairs (LIBE)COM(2022) 245 final
25.5.2022
Rapporteur:Loránt Vincze (EPP, Romania)2022/0167(COD)
Shadow rapporteurs:Caterina Chinnici (S&D, Italy)
Malik Azmani (Renew, Netherlands)
Sergey Lagodinsky (Greens/EFA, Germany)
Nicolaus Fest (Identity and Democracy Group, Germany)
Assita Kanko (ECR, Belgium)
José Gusmão (GUE/NGL, Portugal)
Ordinary legislative procedure (COD)
(Parliament and Council on equal footing
– formerly ‘co-decision’)
Next steps expected: Committee vote
EU Legislation in progress timeline

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