Civil forfeiture in the European Union: Lessons from the Bulgarian experience

Civil forfeiture is a controversial legal phenomenon, frequently provoking substantive debate. It operates at the margins of the presumption of innocence and consistently attracts criticism under international standards safeguarding property rights. Consequently, it should not be considered in isolation within the domestic legislation of European Union Member States. This study highlights the need to balance the advantages of civil forfeiture as a tool against organised crime with the risks of infringing fundamental rights beyond permissible limits. It further underscores the importance of a clear statutory framework and proportionate application to ensure compatibility with human rights standards. The research presents Bulgaria’s experience with civil forfeiture, identifying shortcomings that transcend national regulation and contribute to a broader global discussion of civil forfeiture’s place in the EU legal order.

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Publication Details

Journal
New Journal of European Criminal Law
Published
2026-08-03
DOI
https://doi.org/10.1177/20322844261472265
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

Civil forfeiture in the European Union: Lessons from the Bulgarian experience

Milen Marinov
New Journal of European Criminal Law
Crime, Illicit Activities, and Governance
article

Civil forfeiture in the European Union: Lessons from the Bulgarian experience

Milen Marinov
article en

Abstract

Civil forfeiture is a controversial legal phenomenon, frequently provoking substantive debate. It operates at the margins of the presumption of innocence and consistently attracts criticism under international standards safeguarding property rights. Consequently, it should not be considered in isolation within the domestic legislation of European Union Member States. This study highlights the need to balance the advantages of civil forfeiture as a tool against organised crime with the risks of infringing fundamental rights beyond permissible limits. It further underscores the importance of a clear statutory framework and proportionate application to ensure compatibility with human rights standards. The research presents Bulgaria’s experience with civil forfeiture, identifying shortcomings that transcend national regulation and contribute to a broader global discussion of civil forfeiture’s place in the EU legal order.

New Journal of European Criminal Law
South-West University "Neofit Rilski" (BG)
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Crime, Illicit Activities, and Governance
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