Social Reuse of Confiscated Assets in the EU: Current Experiences and Potential for its Adoption by Other EU and non-EU Countries

Abstract

An effective and efficient disposal of assets confiscated from criminals is crucial to ensure that confiscation policies reach their expected objectives. If any problems arise in the last phase of confiscation proceedings, the ef forts made by the criminal justice system in tracing, seizing and confiscating criminal assets can be brought to nought. Notwithstanding its importance, only limited attention has been given to the topic. Recently, EU institutions have shown an increasing interest toward a peculiar form of disposal, which involves giving criminal proceeds back to the communities affected by crime and promoting their use in line with communal needs: social reuse. So, for example, Directive 2014/42/EU invites Member States to ‘consider taking measures allowing confiscated property to be used for public interest or social purposes’. This article responds to these questions: which Member States envisage the social reuse of confiscated assets? Could other Member States adopt it and, if so, under which conditions? And what about acceding countries, using the Republic of Macedonia as a case study?