Confiscation and fundamental rights: the quest for a consistent European approach

Abstract

Confiscation is one important component of contemporary policies against serious crime and more largely to acquisitive crime. International organisations such as the EU are increasingly compelling or at least encouraging national legislators to introduce more effective and incisive tools to deprive criminals of their illicit gain, even in the absence of a final conviction. The risks of abuses and interferences with fundamental rights are, however, evident. On several occasions, the European Court of Human Rights has dealt with cases involving various forms of confiscation, but many aspects are still debated. This article aims to provide a brief overview of the variegated case law from Strasbourg, highlighting recent and possible future developments.