THE DISCRETION OF THE EU MEMBER STATES IN SHAPING THE NON-CONVICTION BASED CONFISCATION REGIME IN THE LIGHT OF CJEU AND ECHR CASE LAW
THE DISCRETION OF THE EU MEMBER STATES IN SHAPING THE NON-CONVICTION BASED CONFISCATION REGIME IN THE LIGHT OF CJEU AND ECHR CASE LAW

Summary/Abstract: The research presented in the article aims to assess the scope of the normative freedom of EUMember States when implementing non-conviction based confiscation. This study was based on thecase law of the Court of Justice of the European Union (CJEU) and the European Court of HumanRights (ECHR). The study shows that despite the broad discretion of the Member States resultingfrom the position of the CJEU, domestic regulation of this type of confiscation falls outside the scopeof EU law; the extensive jurisprudence of the ECHR sets quite precise boundaries concerning theconcept of confiscation without prior conviction. Thus, it limits the discretion of Member Statesin this regard, providing both safeguards for individuals and guidelines for national legislatorsthat intend to develop non-conviction based confiscation regimes in their domestic legal system.

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