General information on the project

Extended confiscation and its justification in light of fundamental rights and general principles of EU law

is an international project based on cooperation of specialist in legal science of 16 EU Member States (Austria, Bulgaria, Croatia, Czechia, Finland, France, Germany, Hungary, Italy, Poland, Romania, Spain, the Netherlands, Greece, Portugal and Luxembourg), financed in 2021-2024 by National Science Centre, Poland (reference number of the project: 2020/39/D/HS5/01114). Grant Holder is Adam-Mickiewicz-University in Poznań, Poland (Faculty of Law and Administration). Project aims to define conditions of application and acceptable reasoning for one of the most invasive instruments of crime control and prevention marked by complexity that hinders its clear qualification as punishment. Main research language is English, supported by the native languages of project participants.

The main objectives of this research project are:

stating how adoption of extended confiscation is justified in legal orders of EU Member States;

establishing the scope of possible change in perception of fundamental rights and general principles of EU law in view of the need to effectively combat crime and ensure security within the EU;

identifying relevant factors and the way they may create balance between the need for effective instruments of crime control and prevention in the EU and the respect for fundamental rights and general principles of EU law;

finding appropriate (acceptable in national legal orders of EU Member States, by ECtHR and CJEU) justification for applying extended confiscation.

The study is based on dogmatic, legal comparative analyses of legal regulations, documents referring to them (reports, expert opinions) and analysis of jurisprudence, literature and statistics.

Other projects on confiscation / asset recovery, in which the members of the Research Team participate:

  • Project on Mutual recognition of freezing and confiscation orders between efficiency and the rule of law RECOVER: https://recover.lex.unict.it/