The gradual denaturalization of confiscation in the European Union: between effectiveness and a departure from criminal law foundations

This paper explores the evolving legal framework of asset confiscation in the European Union, focusing on the systematic departure from its traditional foundations in criminal law. It traces the legislative development from extended confiscation, non-conviction-based confiscation, and third-party confiscation to the recently introduced confiscation of unexplained wealth under Directive 2024/1260. The analysis aims to demonstrate how a reform agenda driven by effectiveness has given rise to a strategic ambiguity surrounding the legal nature of confiscation. This, in turn, raises significant concerns regarding fundamental rights, legal coherence, and mutual trust among Member States, ultimately calling into question the legal certainty and rule-of-law compatibility of some aspects of the EU’s asset recovery policy.