Confiscation of Unexplained Wealth in EU Context – Conceptual Considerations

This article examines the concept of confiscation of unexplained wealth (CUW) as introduced into EU law by Art. 16 of Directive (EU) 2024/1260 on asset recovery and confiscation. CUW enables the confiscation of assets suspected of deriving from organised crime without any prior criminal conviction, representing a significant departure from the conviction-based paradigm dominant in continental legal systems. The article first maps the necessary theoretical background, legal texts and case-law. After that, it analyses the relevant case-law, mapping the permissible boundaries of CUW under EU primary law and the Convention for the Protection of Human Rights and Fundamental Freedoms. The subsequent critical analysis evaluates the principal objections to CUW – including its selectivity relative to other domains of criminal law – and engages with the pragmatic arguments advanced in its defence. The article concludes that, while the transposition of Art. 16 is legally obligatory and consistent with existing supranational case-law, the preferable conceptual solution would be to frame CUW explicitly as a civil law instrument and develops theoretical grounding for this position alongside proposals for addressing the pragmatic obstacles to such an approach.