The Effectiveness of eu Law: Insights from the eu Legal Framework on Asset Confiscation

Abstract

Based on an institutional and legal mapping of the field across Europe, this article explores the different barriers to the effectiveness of the eu's regime on the recovery and confiscation of proceeds of crime. The aim is to provide a better understanding of the challenges that arise in this field and suggest possible areas of legal or policy intervention. But it is also -using the example of asset confiscation -to contribute to debates about the effectiveness of the eu's legal strategy in building a genuine area of freedom, security and justice. The article argues that, despite the adoption of new legislation in this field and the stronger institutional framework introduced by the Treaty of Lisbon, the effectiveness of the eu's action is unlikely to significantly improve. The legal rules still present a number of deficiencies and the emphasis on formal legal solutions has come at the expense of broader questions of transposition and utilisation, which are however crucial to ensuring effective recovery.

Deterrence Through Criminal Confiscation? Some Exploratory Findings From Federation of Bosnia and Herzegovina

“…It is uncertain how representative the data are of the whole picture of criminal assets that are identified and ordered to be confiscated. There are lots of missing data across whole dataset, which is not surprising: there is a general paucity of data available on even the most essential aspects of asset confiscation even in the European Union, including total amount of confiscated assets (Fazekas & Nanopoulos, 2016 including identification of relations between variables. This paper, however, relies completely on official judicial data and reflects an effort to census-wise cover data from all courts; there was no intent to examine relationships (at least using statistical tools) between variables.…”

“…through criminal law mechanisms) and positive (impact on moral sense and selfdiscipline of population, and strengthening its trust in legal order) general prevention aims are endorsed (Fazekas & Nanopoulos, 2016;Mrčela, 1999;Perron, 1993; Schmidt, 2019). 5 Preventive (deterrent) effect of criminal sanctions and measures have long been studied.…”

“…Deterrence Through Criminal Confiscation? Some Exploratory Findings from Federation of Bosnia and Herzegovina13on overall number of cases was drawn from summary report on prosecution offices` flow of cases in Federation of Bosnia and Herzegovina, gathered by Federal prosecution office 19. …”