EU Member States’ discretion in shaping non-conviction based confiscation regimes

An article on the use of non-conviction based confiscation in domestic law of Member States by Gniewomir Wycichowski-Kuchta, Associate from our Regulatory Advice, Legislation and Compliance Team, was published in issue 4 (2023) of Ruch Prawniczy, Ekonomiczny i Socjologiczny.

The text entitled “The discretion of EU Member States in shaping the non-conviction based confiscation regimes in the light of CJEU and ECHR case law” is based on analysing the case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). Research shows that while the CJEU leaves broad regulatory discretion to the Member States, the ECHR develops a line of jurisprudence that sets fairly precise boundaries concerning the concept of non-conviction based confiscation. Thus, a system is being created at the EU level that both provides guarantees for individuals and shapes the guidelines for national legislators.

A detailed analysis is published in English in Ruch Prawniczy, Ekonomiczny i Socjologiczny Volume 85 issue 4 (2023) available online.