Procedural rights in extended confiscation proceedings

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Abstract

This chapter examines the procedural safeguards in extended confiscation proceedings within the European Union, focusing on the harmonisation of these safeguards through EU legislation and case-law. The study begins with an overview of extended confiscation and its procedural implications, followed by an analysis of relevant EU directives, including Directive 2014/42/EU and Directive (EU) 2024/1260, which establish minimum procedural rights such as the right to a fair trial, effective remedy, and legal assistance. The role of the ECtHR and the CJEU in shaping these safeguards through case-law is also explored. Furthermore, the study evaluates how these procedural rights are implemented at the national level across various EU Member States. The research highlights the necessity of balancing state powers with tailored procedural safeguards to ensure fairness in extended confiscation proceedings.

Original languageEnglish
Title of host publicationExtended confiscation of illicit assets and the criminal law
Subtitle of host publicationNational and EU Perspectives
EditorsElżbieta Hryniewicz-Lach
Place of PublicationLondon
PublisherRoutledge
Chapter17
Pages197-212
Number of pages16
ISBN (Electronic)9781003536321
ISBN (Print)9781032881300, 9781032881317
DOIs
Publication statusPublished - 30 Jun 2025

Publication series

SeriesThe Law of Financial Crime

Keywords

  • European Criminal Law
  • asset recovery
  • procedural rights
  • confiscation

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