Confiscation and freezing orders are essential tools in combating crime and recovering criminal assets. However, the EU’s rates of illicit asset freezing and confiscation remain critically low, largely due to a widespread lack of awareness and inadequate implementation guidance regarding both national and European legislation. These gaps significantly undermine the effectiveness of regulations designed to uphold the principle that “crime does not pay” in the EU. On 21 March 2024, the Center for the Study of Democracy hosted a high-level conference in Brussels to address these pressing challenges. The event focused on the latest EU legislative framework governing judicial cooperation in freezing and confiscating criminal assets. It brought together distinguished judges, prosecutors, lawyers, and academics to deliberate on key issues, share proven practices, and propose actionable recommendations to strengthen cross-border cooperation.

Among the key speakers were Prof. Anže Erbežnik from the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament; Dr. Michele Simonato from the European Public Prosecutor’s Office; Susana Fonte, the Head of Operations at Eurojust; and Prof. Eneja Drobež, counsel at the Slovenian Constitutional Court. These experts contributed to insightful discussions on the challenges posed by discrepancies in national legal frameworks, linguistic barriers, and differing interpretations of the scope of EU legislation. They also emphasized the critical role of technology and data in asset recovery, particularly the need for closer cooperation with service providers to ensure effective cross-border enforcement. The conference further explored the ethical dimensions of cross-border legal cooperation through a specialised plenary session on “Professional Ethics in Cross-border EU Cases.”,which underscored underscored the importance of professional integrity, independence, and confidentiality in fostering trust and ensuring effective collaboration among legal practitioners working across jurisdictions. Throughout the discussions and plenary sessions, actionable recommendations were proposed for policymakers, including targeted training programs for legal professionals and the improved integration of freezing and confiscation measures into national systems. The discussions also highlighted existing good practices that enhance procedural efficiency and ensure more effective enforcement of EU regulations.

By addressing these multifaceted issues and fostering dialogue among policy makers, legal practitioners and academics, the conference not only highlighted the critical need for harmonization but also set the stage for continued collaboration to overcome the challenges of cross-border asset recovery. The event underscored the importance of aligning legislative and practical approaches across the EU to ensure that criminal assets are effectively frozen and confiscated in pursuit of justice.