Mutual recognition of freezing and confiscation orders between efficiency and the rule of law

2 voluni. 1760pp. A cura di: Anna Maria Maugeri. Pisa University Press, 2026 - The handbook encompasses the results of the Project “RECOVER” (GA. n. 101091375), co-funded by the EU Justice Programme (2021-2027) and coordinated by Professor Anna Maria Maugeri (full Professor of Criminal Law at the University of Catania). It provides an in-depth analysis of the Regulation EU 2018/1805 (REG) on the mutual recognition of freezing and confiscation orders, reflecting the collaborative efforts of Prosecutors, Judicial and Asset Recovery Offices as well as Universities both in the 10 MSs which were the partners of RECOVER and in other EU MSs, which were indirectly involved in the project. RECOVER consisted of the following steps, which are reflected in the contents of the handbook: establishing the REG subject matter by clarifying the concept of “proceedings in criminal matters” (art. 1 REG); identifying the forms of freezing and confiscation orders covered by the REG in each MS (also in light of the impact of the new Directive 2024/1260), with the necessary safeguards; identifying the safeguards in the mutual recognition procedure; pointing out the main obstacles and legal issues in REG’s implementation and exchanging best practices; assessing the possibility of applying the REG to legal persons; focusing the legal and practical difficulties in asset recovery offices’activities; promoting the efficient management of frozen assets, protection of victims’ rights and social reuse of confiscated assets. The handbook provides for country reports, guidelines, policy recommendations and reform proposals aimed at fostering the implementation of the REG in compliance with the rule of law.…