What we have already done: updated: September 2024 – 34th-36th research month

  • 2 online meetings of the Entire Research Team: on 4.07 on which discussed were the project findings (which will appear in the project monography) and on 19.09 on which the project was summarized (discussion, English),
  • Portuguese country report was published on the project website (English),
  • PI (Elżbieta Hryniewicz-Lach) published the article on Improving asset confiscation: in the quest for effective and just solutions in the journal: ERA Forum2024, Vol. 25 (2), 231–247: https://link.springer.com/article/10.1007/s12027-024-00806-8 (English),
  • PI (Elżbieta Hryniewicz-Lach) presented research findings (Erweiterte Einziehung und ihre Rechtfertigung im Lichte der Grundrechte und allgemeinen Grundsätze der EU-Rechts – die Zusammenfassung der Forschung) at the University of Heidelberg (the Chair meeting of Prof. Frank Meyer), Germany, 24.07.2024 (German),
  • PI (Elżbieta Hryniewicz-Lach) presented research findings (Extended confiscation & fundamental rights in the European Union) at the 24th Annual Conference of the European Society of Criminology Eurocrim2024, Bucharest, Romania, 13.09.2024 (English).

by janmin

What we have already done: updated: June 2024 – 31st-33rd research month

  • one on-line meeting of the Entire Research Team: on 16th May 2024, where discussed were: the structure of the monography Extended Confiscation of Illicit Assets and the Criminal Law: National and EU Perspectives, the current state of research, as well as the conclusions and recommendations in the project (English).
  • two on-line meetings of the Research Coordinators and Junior Researchers: on 12th April and 17th May 2024, where discussed were the current issues in the project (Polish).
  • Elżbieta Hryniewicz-Lach on 9th May 2024 took part as a panellist in the seminar: European Arrest Warrant (EAW), European Investigation Order (EIO) and freezing and confiscation orders (Reg 1805/2018) - challenges of the EU law transposition, organized by the Digital Justice Center at the University of Wrocław, Poland, within the FACILEX Project (co-funded by European Commission), where she presented the issue of the Execution of Freezing and Confiscation Orders as challenges for the EU Member States (Polish).
  • Elżbieta Hryniewicz-Lach on 21st June 2024 took part in the 2nd Symposium “Legal Prospects for Europe” at the Europa Universität Viadrina, Frankfurt (Oder), Germany, with a paper: Extended confiscation in the EU – selected problems (and solutions in 16 EU Member States) (English).
  • Katarzyna Holik on 21st June 2024 took part in the seminar Criminal Law Under the ECHR at the Adam Mickiewicz University in Poznań, Poland (organized in cooperation with the Universität Passau, Germany) with a paper: Presumption of innocence in the procedure of applying the non-conviction-based confiscation in the light of the case law of the European Court of Human Rights (English).

by janmin

What we have already done: updated: March 2024 – 28th-30th research month

  • 2 online meetings of the Entire Research Team: 26.01 on which current project outcomes and project tasks for 2024 were discussed and 21.03 on which the recommendations relating to the scope and application of extended confiscation have been initially developed (discussion, English),
  • Luxembourg country report was published on the project website (English),
  • publication of PI (Elżbieta Hryniewicz-Lach) on Practical Application of the EU Criminal Law in Poland – with Particular Reference to Extended Confiscation, appeared in: T. Gřivna (ed.), Criminal Law in the European Union. Balance and Perspective of EU Criminal Law and its Application in the Member States, Praha 2023 (English);
  • PI (Elżbieta Hryniewicz-Lach) presented research outcomes in a paper titled Erweiterter Verfall/Einziehung im Kontext von EU-Recht (einschließlich EU-Grundrechten) at the 248th meeting of the Criminal Law Committee of the German Federal Bar Association ( Tagung des Strafrechtsausschusses der Bundesrechtsanwaltskammer - BRAK), 23.02.2024, Berlin (German).

by janmin

What we have already done: updated: September 2023 – 25nd-27th research month

  • one 2-days meeting (workshop) of the Entire Research Team at Adam Mickiewicz University in Poznań, on 2nd-3rd November 2023, where the results of 2 research years in the project were presented to the entire research team and invited external experts: Prof. Johan Boucht from Norwegian Business School in Oslo, Prof. Martin Heger from Humboldt University in Berlin, Prof. Holger Matt from the European CriminalBar Associationand Prof. Frank Meyer from the University in Heidelberg (discussion, English),
  • two meetings of the research coordinators and junior researchers on 13th October and 14th November 2023 (discussion on the preparing and the results of the workshop in Poznań)
  • 3 publications of PI (Elżbieta Hryniewicz-Lach) appeared:
  • PI took part in:
    • Workshop on hard cases in implementation of the Regulation (EU) 2018/1805, RECOVER (JUST-2022-JCOO (EU) / Project 101091375 co-funded by the Justice Program of the EU 2021-2027), Milan 29.11.2023 (English)
    • Seminar: Dissemination of the 1st year’s results of the RECOVER project on “Mutual recognition of freezing and confiscation orders between efficiency and the rule of law”- Regulation (EU) 2018/1805 (JUST-2022-JCOO (EU)/ Project 101091375 co-funded by the Justice Program of the European Union 2021-2027), Milan 29.11.2023 (English)

Photos by Katarzyna Holik (Meeting of the Entire Research Team, 2nd-3rd November 2023, Adam Mickiewicz University in Poznan)

by janmin

What we have already done: updated: September 2023 – 22nd-24th research month

  • the library query conducted by Principal Investigator (Elżbieta Hryniewicz-Lach) in the Max Planck Institute for Crime, Security and Justice in Freiburg im Breisgau (Germany) in order to update the literature on European criminal law and extended confiscation in the EU,
  • one on-line meeting of the Entire Research Team on 22nd September 2023 (Principal Investigator presented results of her library query in Max Planck Institute for Crime, Security and Law and their contribution to the current research results; discussion, English),
  • collecting country reports 15 out of 16 country reports are ready, we received the country report from Luxemburg, prepared by Charlotte Quaisser (the Entire Research Team, English),
  • planning the November in-person meeting of the researchers with invited experts at Adam Mickiewicz University in Poznań (the Entire Research Team, English).

by janmin

What we have already done: updated: June 2023 – 19th-21st research month

  • two on-line meetings of the Entire Research Team: first on 12th May 2023, where Sandra Oliveira e Silva presented her article: Regulation (EU) 2018/1805 on the mutual recognition of freezing and confiscation orders: A headlong rush into Europe-wide harmonisation? published in the New Journal of European Criminal Law. Second meeting of the ERT was on 30th June 2023 and included presentation of current research results by Elżbieta Hryniewicz-Lach (English),
  • Elżbieta Hryniewicz-Lach took part in German-Polish-Austrian Seminar on Comparative Law: „Strafrechtliche Sanktionen in der EU“ [Criminal sanctions in the EU], which took place on 31.05-2.06.2023 in Frankfurt/Oder. At the seminar she presented a paper on Möglichkeiten strafrechtlicher Vermögensabschöpfung unter besonderer Berücksichtigung der Rechtsnatur
    in Polen     [Possibilities of confiscation of assets under criminal law with special consideration of its legal nature in Poland] (German),
  • The Entire Research Team was reinforced by Sandra Oliveira e Silva, Professor of the University of Porto in Portugal, who will prepare Portuguese country report on extended confiscation. We await also another country report from Luxembourg.

by janmin

What we have already done: updated: March 2023 – 16th-18th research month

  • two on-line meetings of the Entire Research Team: first on 11th January 2023, where Anna Sakellaraki presented her article: EU Asset Recovery and Confiscation Regime – Quo Vadis? A First Assessment of the Commission’s Proposal to Further Harmonise the EU Asset Recovery and Confiscation Laws. A Step in the Right Direction? published in the New Journal of European Criminal Law. The presentation was followed by a fruitful discussion on the 2022 Commission Proposal for a Directive on asset recovery and confiscation; Anna’s article is available at: https://journals.sagepub.com/doi/full/10.1177/20322844221139577; Commission Proposal - at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0245. Second meeting of the ERT was on 24th March 2023 and included presentation of two other international project in the field of asset confiscation: the RECOVER Project presented by Anna Maria Maugeri and the FORCE presented by Andrea Cabiale as well as the introduction into the problems related to the Regulation 2018/1805 of 14.11.2018 on the mutual recognition of freezing and confiscation orders by Anna Maria Maugeri (English),
  • three on-line meeting of Research Coordinators and Junior Researchers: on 17th January 2023, 21st February 2023 and 14th March 2023, to discuss current research tasks (Polish),
  • all 14 country reports have been published on the project website,
  • we started to plan the non-online meeting in Poznań in November 2023, where members of the Entire Research Team will discuss first common results of the research conducted within the project with invited experts.

by jacek.stanislawski

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)

by Szymon Chorodeński

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).

by Szymon Chorodeński

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).

by Szymon Chorodeński