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|Title:||THE IMPACT OF THE EU DIRECTIVE 2014/42/ EU ON FREEZING AND CONFISCATION OF INSTRUMENTALITIES AND PROCEEDS OF CRIME TO THE MACEDONIAN CRIMINAL JUSTICE SYSTEM||Authors:||Misoski, Boban||Keywords:||freezing and confiscation of assets, criminal procedure, EU Directive 2014/42/EU, Macedonia1. GENERAL REMARKSThe EU’s integration process of the Republic of Macedonia is having its own sui generis pace due to the specific political milieu in which Macedonian society is wedged within the past several years1. Due to this, instead of commencing the 1 See the issues determined in so-called “Priebe Report for Macedonia” in 2015 and 2017: The former Yugoslav Republic of Macedonia: Assessment and Recommendations of the Senior Experts’ Group on||Issue Date:||2018||Publisher:||Faculty of Law Osijek, Croatia||Journal:||EU and comparative law issues and challenges series - ECLIC||Conference:||EU LAW IN CONTEXT – ADJUSTMENT TO MEMBERSHIP AND CHALLENGES OF THE ENLARGEMENT||Abstract:||Republic of Macedonia is the candidate-member state of the EU and has started its High Level Accession Dialogue (HLAD), therefore it is of essential interest to harmonize its national criminal legal system to the EU law. In this article the author elaborates the impact of the EU’s Directive 2014/42/EU considering the European framework for freezing and confiscation of instrumentalities and proceeds of crime in the European Union to the Macedonian criminal justice system. The level of transposition and harmonization of this EU Directive into Macedonian legal sys-tem is evaluated through the steps from the ongoing reform of the Macedonian criminal justice system. Hence, the author will examine the current Macedonian legal framework together with the Macedonian courts’ practice regarding the implementation of the existing legal provisions for freezing, confiscation and recovery of the assets, together with the elaboration of the possible limitations and reasons for infrequent use of these measures by the Macedonian courts. In this fashion the author will detect the most common problems particularly with the question of the impact of the time limitation of the freezing of the assets during the criminal procedure, and will provide possible solutions for improvement of the national legal framework.||URI:||http://hdl.handle.net/20.500.12188/19448||DOI:||https://doi.org/10.25234/eclic/7117|
|Appears in Collections:||Faculty of Law: Journal Articles|
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