Social Reuse of Confiscated Assets in the EU: Current Experiences and Potential for its Adoption by Other EU and non-EU Countries
Journal
Liber Amicorum, Academician Vlado Kambovski
Date Issued
2019
Author(s)
Vettori, Barbara
Abstract
An effective and efficient disposal of assets confiscated from criminals
is crucial to ensure that confiscation policies reach their expected objectives.
If any problems arise in the last phase of confiscation proceedings, the ef forts made by the criminal justice system in tracing, seizing and confiscating
criminal assets can be brought to nought. Notwithstanding its importance,
only limited attention has been given to the topic. Recently, EU institutions
have shown an increasing interest toward a peculiar form of disposal, which
involves giving criminal proceeds back to the communities affected by crime
and promoting their use in line with communal needs: social reuse. So, for
example, Directive 2014/42/EU invites Member States to ‘consider taking
measures allowing confiscated property to be used for public interest or
social purposes’. This article responds to these questions: which Member
States envisage the social reuse of confiscated assets? Could other Member
States adopt it and, if so, under which conditions? And what about acceding
countries, using the Republic of Macedonia as a case study?
is crucial to ensure that confiscation policies reach their expected objectives.
If any problems arise in the last phase of confiscation proceedings, the ef forts made by the criminal justice system in tracing, seizing and confiscating
criminal assets can be brought to nought. Notwithstanding its importance,
only limited attention has been given to the topic. Recently, EU institutions
have shown an increasing interest toward a peculiar form of disposal, which
involves giving criminal proceeds back to the communities affected by crime
and promoting their use in line with communal needs: social reuse. So, for
example, Directive 2014/42/EU invites Member States to ‘consider taking
measures allowing confiscated property to be used for public interest or
social purposes’. This article responds to these questions: which Member
States envisage the social reuse of confiscated assets? Could other Member
States adopt it and, if so, under which conditions? And what about acceding
countries, using the Republic of Macedonia as a case study?
Subjects
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