Mutual Recognition and Transnational Confiscation Orders
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.
KeywordsCompetent Authority Framework Decision Mutual Recognition Criminal Organisation Criminal Proceeding
Convention Implementing the Schengen Agreement
- EU FRCh
Charter of Fundamental Rights of the European Union
European Union Treaty