A "continuous" battle against organized crime and illicit enrichment through the new proposal for a Directive for the confiscation of assets

Abstract: A new proposal for a Directive presented by the European Commission in 2022 and in June 2023, the Council has had the general orientation and the functioning of mutual recognition according to Regulation n. 1805/2018. We note a work of integration, harmonization that goes on from the investigation phases to confiscation. Confiscation of various types, it will be analyzed in this work, with a precise way, based on acts of the European legislator. We will also compare various models of European legal systems having as final objective the “strangling” of organized crime and illicit enrichment to third countries. The interpretations are various and emerge from the application of the Regulation thus setting the positions that define the proceedings in criminal matters. The protection of fundamental rights, the principle of proportion, autonomy within the scope of the EU are presented as a need to build mutual trust that functions even more on judicial cooperation in criminal matters. In recent years we have shown that the European legislator shows a constant and precise commitment in the matter.