What we have already done: updated: December 2022 – 13 th -15 th research month
- one on-line meeting of the Entire Research Team on 18 th November 2022 (Michael Kilchling
presented the problem of EU restrictive measures, named also: smart or targeted sanctions,
and possible consequences of their linking with criminal law - e.g., by including violation of
such measures into Article 83(1) TFEU - on a current German legislative example: the criminal
offence of non-registering the assets located in Germany by persons from the EU sanction
lists and confiscation of the assets as a possible consequence of such offence; discussion,
English; M. Kilchling’s article on this topic can be found here:
https://eucrim.eu/articles/beyond-freezing/ and the Proposal from 2.12.2022 for a EU
Directive on the definition of criminal offences and penalties for the violation of Union
restrictive measures is to be found here: https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX%3A52022PC0684) - two on-line meeting of Research Coordinators and Junior Researchers: 15 th November 2022
and 20 th December 2022 to discuss current research tasks (Polish), - the scope of the research has been expanded in order to include the law on extended
confiscation in the Netherlands, - new researchers joined the Entire Research Team: Prof. André Klip and Prof. Johannes Keiler
from Maastricht University in the Netherlands (as specialists in Dutch law), Jacek Stanisławski
from University of Łódź in Poland and Jan Minksztym from AMU Poznań in Poland (as Junior
Researchers), - all 14 country reports have been collected (2 of them still in draft version, not yet included
on the project website; the Entire Research Team, English), - paper on Extended confiscation in the EU – Legitimate or (just) effective? was presented at
the conference Changing Penologies and European Crime Policy: Theory and Practice in the
Global Context, Warsaw 20-21.10.2022 (Elżbieta Hryniewicz-Lach, English)
What we have already done: updated: September 2022 – 10 th -12 th research month
- two on-line meetings of the Entire Research Team on 1 st July 2022 (Research Coordinator
No. 2 presented results of his analysis of country reports on the relation between legal
principles and extended confiscation, drawing particular attention to the principles of:
legality, proportionality and presumption of innocence; Research Coordinator No. 3
presented results of her analysis of country reports on the relation between right to property
and extended confiscation, drawing attention also to other issues, which shall be included in
the research: the right to privacy and the exclusion from protection of certain rights of
persons included in the boycott lists of the European Union on a base of an argument of
abuse of rights) and on 15 th September 2022 (Research Coordinator No. 4 presented results
of his analysis of country reports on procedural aspects of asset confiscation, pointing at
particular importance of the procedural guarantees of third party; Principal Investigator
presented results of her analysis on the EU legislative competence in the field of asset
confiscation; summary of the first year of cooperation in the project; planning the activities
in the second project year; discussion, English), - one on-line meeting of Research Coordinators and Junior Researchers: 29 th September 2022
to discuss current research tasks (Polish), - collecting updated country reports 11 out of 13 country reports are ready, 2 other are in the
final stage of cooperation (the Entire Research Team, English), - presenting a paper on Practical Application of the EU Criminal Law in Poland – with particular
reference to extended confiscation at the conference: Balance and Perspective of EU Criminal
Law and its Application in Member States, held on the occasion of the Czech Presidency of
the Council of the European Union, Prague 26.09.2022, the paper submitted to publishing
(Elżbieta Hryniewicz-Lach, English), - planning activities in 2 nd year of the project: discussion on contributions of members of the
Entire Research Team on extended confiscation, updating country reports, elaborating
preliminary conclusions based on country reports in a written form, organising an non-online
meeting in Poznań in order to discuss preliminary conclusions and work on the concept of a
common publication (the Entire Research Team, English).
What we have already done - update: June 2022 – 7th-9th research month
- two on-line meetings of the Entire Research Team on 6th Mai 2022 (presentation of extended confiscation regulations in Spain & discussion in English) and on 22nd June 2022 (Research Coordinator No. 1 presented results of her analysis of country reports and international documents referring to confiscation in order to create a definition of extended confiscation, examine legal framework on extended confiscation created by international legal provisions & recommendations; Junior Researcher No. 1 presented results of her analysis of country reports in order to identify the main problems on non-conviction-based-confiscation; discussion / English),
- three on-line meetings of Research Coordinators and Junior Researchers: 25th April, 23rd Mai & 14th June 2022 to discuss current research tasks (Polish),
- collecting updated country reports including answers on Research Coordinators’ additional questions referring to concrete problems on the principles of law (the Entire Research Team, English),
- collecting statistic data on extended confiscation applied by Polish courts in 2021 (Junior Researcher No. 2 / Polish)
- identifying new relevant issues in the research field: (1.) confiscation of assets of Russian and Belarusian citizens from the EU boycott lists, placed in Member States of the European Union – among others on an example of confiscation of the apartments of Duma’s representative in Munich by German authorities in June 2022; (2.) proposal for new Directive of the European Parliament and the Council on asset recovery and confiscation published by the European Commission on https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52022PC0245, on 05.2022 (English).
What we have already done. Updated: March 2022 – 4th-6th research month
- an on-line meeting of the Entire Research Team on 4th March 2022: presentation of extended confiscation regulations in Finland and Austria, discussion (English),
- two on-line meetings of Research Coordinators and Junior Researchers (31st January & 7th March 2022) to discuss details of the research tasks (Polish),
- analysed the submitted country reports in order to verify their compliance with research questionnaire (Research Coordinators, English),
- analysed the submitted country reports and literature in order to verify which legal orders and how regulate the non-conviction-based confiscation (Junior Researcher, English / Polish),
- pre-examined the requirements to regulate (extended) confiscation in European conventions and international recommendations (Junior Researcher & Research Coordinator, English),
- elaborated and submitted a book chapter on Criminalization of possession of assets from undisclosed sources - existing in French criminal law & regarded as a possible alternative to extended confiscation (Elżbieta Hryniewicz-Lach; Polish)
- collected most (10 of 13) of the country reports (English).