The EU Regulation on the Mutual Recognition of Freezing Orders and Confiscation Orders is in Force

Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018, in force since 19 December 2020

The EU Regulation 2018/1895 on the mutual recognition of freezing and confiscation orders, approved by the European Parliament and the Council on 17 October 2018, officially entered into force on 19 December 2020.

By replacing the previous Framework Decisions 2003/577/JHA and 2006/783/JHA, the Regulation reaffirms the cardinal principle of mutual recognition of judgments and judicial decisions, cornerstone of judicial cooperation in criminal matters within of European Union. It applies «to all freezing orders and to all confiscation orders issued within the framework of proceedings in criminal matters»: the term "criminal proceedings" constitutes an autonomous concept within EU law, interpreted by the Court of Justice of the European Union, notwithstanding the case law of the European Court of Human Rights; it covers «all types of freezing orders and confiscation orders issued following proceedings in relation to a criminal offence», even when «without a final conviction» (Considerando No. 13). With reference to the Italian legal system, this expression therefore applies also to the seizure and confiscation orders issued as part of the prevention procedures governed by the Anti-Mafia Italian Code (Lgs.D. no. 159/2011).