Recital 7

(7) The existing legal framework should be updated, so as to facilitate and ensure effective asset recovery and confiscation efforts across the Union. This Directive should, therefore, lay down minimum rules on tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters. In this context, proceedings in criminal matters is an autonomous concept of Union law interpreted by the Court of Justice of the European Union, notwithstanding the case-law of the European Court of Human Rights. This Directive is without prejudice to the procedures that Member States can use to freeze and confiscate property. It is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. For that purpose, rules should be laid down to strengthen asset tracing and identification, as well as freezing capabilities, to improve the management of frozen and confiscated property until its disposal further to a final confiscation order, to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from the criminal activities of criminal organisations, and to improve the overall efficiency of the asset recovery system.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.