Mutual recognition of confiscationorders in the EU: squaring the circle?

The European Union’s intervention in the area of confiscation of illicit assets has been based on a three-fold approach: (a) harmonisation of national legislations with regard to the types of and requisites for confiscation; (b) mutual recognition of confiscation orders; and (c) cooperation among national authorities involved in asset recovery procedures. While mainly following the second approach, Regulation (EU) 2018/1805 on the mutual recognition of freezing orders and confiscation orders pursues two specific objectives. On the one hand, it seeks to address the weaknesses displayed by the mutual recognition rules under the third-pillar instruments. On the other hand, it aims to update these rules to bring them into line with the provisions introduced by Directive 2014/42/EU on the harmonisation of national laws on confiscation.