14/12/2020 - - Legislation
New Regulation on Freezing and Confiscation applies as of 19 December 2020

As of 19 December 2020, the new Regulation 2018/1805 on the mutual recognition of freezing and confiscation orders applies.

Apart from the new procedural rules on how Member States cooperate with the assets related issues during the criminal proceedings, the legal act emphasizes the important role of the EJN as a collector and distributor of the practical information that Member States provide for in declarations and notifications.


In the Judicial Library on the EJN website, practitioners find the information related to the Regulation – the text of the instrument and the Word forms of freezing and confiscation certificates (in all EU official languages), notifications and declarations by the Member States, as well as related acts and other documents. 


To help practitioners to get a quick overview of some of the particularities of the national regulation of a Member State they are preparing a request to, the EJN Secretariat has created a table with the information deriving from the declarations and notifications that Member States make regarding:
•    competent issuing and executing authorities;
•    validating authorities (for freezing orders);
•    central authorities (if applicable);
•    languages the certificates shall be translated into;
•    shall the respective freezing or confiscation order/a certified copy thereof be transmitted together with the certificate.

 

Click here for a direct link to the table. The table and other information will be updated on a regular basis.


Considering that the new legal instrument undoubtedly will raise questions regarding its application and issues among the practitioners, the EJN Contact Points are available to assist. Furthermore, the EJN is looking forward to providing the forum for discussions during the next meetings, regardless the format and level whereof. 

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