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Mutual Recognition and Transnational Confiscation Orders

  • Fernando Gascón Inchausti
Chapter

Abstract

Transnational confiscation orders are getting more and more necessary for an effective fight against cross-border organized crime. The European Union has regulated international cooperation in this context on the basis of the principle of mutual recognition, by means of the Framework Decision 2006/783/JHA, of 6 October 2006. This contribution aims to offer a general overview of the system and of its functioning (scope of application, as well as proceedings in the issuing and in the executing State). Special attention is dedicated to the instruments promoting the protection of the rights of parties and of third parties, mainly of those more directly linked to procedural safeguards.

Keywords

Competent Authority Framework Decision Mutual Recognition Criminal Organisation Criminal Proceeding 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Abbreviations

CISA

Convention Implementing the Schengen Agreement

EU FRCh

Charter of Fundamental Rights of the European Union

FD

Framework Decision

TEU

European Union Treaty

Copyright information

© Springer-Verlag Berlin Heidelberg 2013

Authors and Affiliations

  1. 1.Department of Procedural Law, Law SchoolUniversity Complutense of MadridMadridSpain

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