Разширена и гражданска конфискация в практиката на ЕСПЧ и СЕС
Extended and civil confiscation in the case-law of the ECtHR and the CJEU
Author(s): Yonko GrozevSubject(s): Law, Constitution, Jurisprudence, International Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: right to property; fair trial; criminal or civil nature of the proceedings; legitimate aim of confiscation; individual assessment of the proportionality of the confiscation of „illegal“ property
Summary/Abstract: This article provides an overview of the caselaw of the European Court of Human Rights and the Court of Justice of the European Union on confiscation of property in criminal and civil proceedings, the requisite procedural and substantive guarantees for the right to property and the right to fair trial and the applicable EU Directives. Some aspects of the current Bulgarian legislation on civil confiscation are in conflict with the principles developed by the ECtHR on property rights and the newly adopted EU Directive (EU) 2024/1260. Thus, national courts will have to apply national legislation on civil forfeiture by introducing additional legal requirements to ensure that their forfeiture decisions respect property rights and do not come in conflict with European law.
Journal: Съвременно право
- Issue Year: 2026
- Issue No: 2
- Page Range: 81-102
- Page Count: 22
- Language: Bulgarian
- Content File-PDF
