Improving cooperation between EU Member States in confiscation procedures (External organisation)

Description

Onderzoeksgroep met onderzoekers uit Italië, Duitsland, België, Roemenië, Frankrijk en Nederland.
Het doel van deze groep onderzoekers is:

First, the comparative analysis will aim to identify and assess the legal provisions transposing Directive 2014/42/EU into national law, in particular as regards the ‘third party confiscation’, and their compliance with the EU general principles and fundamental rights.
Second, the survey will cover the investigative measures targeting third parties that are available in the Member States, as well as the concrete strategies adopted by national judicial and enforcement authorities. The objective is to identify best practices and legal solutions, and to disseminate the results in the course of a training programme designed for practitioners involved in third party confiscation proceedings (e.g. judges, prosecutors, police, defence lawyers, administrative authorities).
Third, the project will monitor the existing databases. Furthermore, the project will assess the compliance of national rules on the collection, preservation and exchange of information with the EU legal framework on data protection. Also in this case, the results of the research will be presented to the practitioners participating in the above-mentioned training programme in order to facilitate a more efficient cooperation and a competent use of the existing EU instruments (such as the Directive 2014/41/EU regarding the European Investigation Order in criminal matters, and the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union of 29 May 2000).
Fourth, as regards the management of frozen assets, the comparative analysis will address the national laws implementing the relevant provisions of the Directive 2014/42/EU, as well as the existing best practices developed in the Member States covered by the project. Such analysis will be discussed with the authorities involved in the management of frozen property. Furthermore, it will be useful to elaborate some guidelines aiming to facilitate and improve the international cooperation on asset management.

Period	Nov 2017 → …
Held at	Improving cooperation between EU Member States in confiscation procedures