Fundamental steps

December 2022 – May 2023

In its 1st step RECOVER aims at:

Establishing the concept of “proceedings in criminal matters” (art. 1 REG);
Identifying the national forms of freezing and confiscation orders covered by the REG and elaborating the related schema;
Establishing the safeguards that the national proceedings in criminal matter have to respect to be covered by REG;
Identifying the fundamental rights and safeguards in the procedure for the mutual recognition;
Elaborating Guidelines in the interpretation of the subject matter of REG;
Elaborating proposals of harmonization and Directive 2014/42/EU reform

June 2023 – November 2023

In its 2nd step RECOVER aims at:

Pointing out the main obstacles and legal issues in the practical implementation of REG;
Overcoming the gap of knowledge about the content of the REG (e.g.: concept of profit or instrument of the crime; the grounds for non-recognition and non- execution of freezing and confiscation orders; the protection of third parties’ legal rights);
Identifying the best practices to be shared among partners as well as the other MS;
Anticipating possible problems of remaining countries (other than the MS partners);
Identifying and tackling case studies (hard cases);
Elaborating Guidelines aiming at concretely implementing the REG and reform proposals/drafting proposal for EU soft law explicative instruments

December 2023 – March 2024

In its 3rd step RECOVER aims at:

Evaluating the different approaches and legislations in the MS about the possibility to seize and confiscate companies and enterprises
Identifying the practical obstacles and legal issues in the application of the REG to legal persons and enterprises
Elaborating Guidelines on the application of the REG to legal persons and, possibly, reform proposal.

April 2024 – August 2024

In its 4th step RECOVER aims at:

Focusing on the legal issues and practical difficulties in the Asset Recovery Office’s activities:
elaborating proposals for the revision of the Council Decision 2007/845/JHA on Asset Recovery Offices.
Focusing on the legal issues and practical obstacles in management of frozen assets, protection of victims’ rights to restitution/compensation in cross- border cases and social reuse of confiscated assets:
promoting the efficient management and efficient disposal of frozen and confiscated property;
verifying the compensation of the victims in the first praxis;
promoting the exchange of best legislations and practices on the social reuse of the proceeds and instrumentalities of crime and the sale of confiscated property;
elaborating Guidelines on the management of frozen assets, the victims’ rights to restitution/compensation in cross-border cases and the social reuse of confiscated assets;
verifying the need to reform REG, to introduce Asset Management Offices in all the MS and to enforce stricter rules.

November 2023 – November 2024

In its 5th step RECOVER aims at:

Sharing with all MS the results of the first praxis analysis and the relevant best practices
Promoting mutual learning among all MS on the project results
Building awareness and support for the project and its objectives among key stakeholders (e.g. National Bar Association)
Disseminating the project results in the policy, scientific and wider stakeholder community
Developing policy recommendations for the EU and MS to improve the mutual trust and mutual recognition of freezing and confiscation orders
Elaborating and sharing harmonisation and reform proposals