Current activity in the project

• Set of on-line meetings with presentation of extended confiscation in domestic (national) legal orders of EU Member States and discussion.
• Preparing country reports on a base of common research questionnaire, in order to determinate how extended confiscation is shaped and justified in the process of its transposition to domestic legal order of EU Member States and to identify factors that influenced its character.
• Analysing country reports in order to:
  • find similarities and differences in various aspects of extended confiscation,
  • define or specify the scope of extended confiscation,
  • identify areas relating to extended confiscation seen as problematic in analysed legal orders,
  • gather ideas for solving identified problems (e.g. by creating problematic cases and indicating solutions to them in different domestic legal orders, discussion),
  • identify fundamental rights and general principles of EU law guaranteed by EU Charter of Fundamental Rights and constitutional orders of EU Member States, which may be affected by extended confiscation regulations.

Country reports will be updated at later stages of the project, so that they contain references to particular issues analysed as the project develops (see: Part A and B of the research questionnaire).

• Set of on-line meetings with focus on perception of fundamental rights and general principles of EU law in view of the need to effectively combat crime and ensure security in EU with special attention to:
  • the scope of protection of individual rights existing in national legal orders at each stage of confiscation procedure,
  • critiques and justification of extended confiscation in analysed legal orders of EU Member States.
• Assigning to Members of Entire Research Team research fields (with concrete problems) related to chosen fundamental rights and general principles of EU law in order to prepare analysis:
  • delimiting the analysed rights / principles and specifying their essence,
  • verifying the (non)compliance of extended confiscation with those rights / principles,
  • proposing ideas for solving identified problems in a way that takes into account both: the need for effective crime control and the need to protect individual rights (including critiques and justification of extended confiscation seen as acceptable in analysed domestic legal orders).
• Preparing summaries of analyses.

• Set of on-line meetings including:
  • presentation of results of analyses from Part II to the Entire Research Team
  • discussing theses and results of analyses in order to specify the relationship between extended confiscation and fundamental rights and general principles of EU law.
• Formulating preliminary research conclusions including:
  • compatibility – if exists – of extended confiscation with protection of rights of individuals and the (partly revised) principles of fair trial;
  • finding – if exists – appropriate (acceptable in domestic legal orders of EU Member States, by ECtHR and CJEU) justification for application of extended confiscation.
  • identification – if they exist – of relevant factors, which may create balance between the need for effective crime control and prevention instruments in EU and respect for fundamental rights and general principles of EU law,
• Confronting research conclusions with audience from different countries (by Members of the Entire Research Team). Presenting conclusions to the Entire Research Team.
• Organising (stationary) team meeting with external experts invited to comment first research conclusions (3-5 experts chosen from specialists in EU law, criminal law and procedure, constitutional law, security law).

• Summarizing on-line meetings with focus on verification / reformulating research conclusions and on their dissemination.
• Formulating final research conclusions.
• Dissemination of research results.