Confiscation and fundamental rights across criminaland no-criminal domains

DI MICHELE SIMONATO, RESEARCHER AT THE UTRECHT CENTRE FOR REGULATION AND ENFORCEMENT IN EUROPE (RENFORCE), UTRECHT UNIVERSITY, UTRECHT, THE NETHERLANDS

Abstract Confiscation is one important component of contemporary policies against serious crimes. International organisations are increasingly encouraging national legislators to introduce more effective and incisive tools to deprive criminals of the illicit gain, even in the absence of a final conviction. The risks of abuses and interferences with fundamental rights are, however, evident. On several occasions, the European Court of Human Rights (ECtHR) has dealt with cases involving various forms of confiscation, but many aspects are still debated. This article aims to provide an overview of the variegated case law from Strasbourg, highlighting recent and possible future developments.