Extended Confiscation and Fundamental Rights

: Lessons from Europe

Abstract

This thesis investigates two questions: firstly, how extended confiscation evolved in Europe, and secondly, whether the fundamental rights compatibility challenges it faced have been resolved throughout its evolution. It will critically evaluate the challenges posed to fundamental rights by the development of extended confiscation. This thesis investigates these two questions by assessing the domestic legal order, the jurisprudence of the European Court of Human Rights, and EU law.
The first question concerns how the scope of ‘extended confiscation’ has evolved in Europe. It observes the justification for extended confiscation: why confiscation power must be extended and its typologies (Chapter 2). National extended confiscation regimes and their evolution are also observed and compared to outline the scope of extended confiscation and how it has evolved (Chapter 3). Finally, this thesis analyses how EU law has aimed to harmonise the expansion of confiscation power (Chapter 5). I argue that the scope of extended confiscation in Europe, throughout its evolution, has become too broad and lacks legal certainty.
The second question addresses whether extended confiscation is compatible with fundamental rights guarantees. The rationales established by four national courts will be compared regarding how they evaluated fundamental rights compliance issues related to extended confiscation (Chapter 3). Also, the European Court of Human Rights’ interpretation of the right to a fair trial, especially the right to prepare a defence, the presumption of innocence, and the right to property in cases relating to extended confiscation regimes will be analysed (Chapter 4). Lastly, the focus will be on whether the lack of legal certainty worsens the fundamental rights challenges of extended confiscation, from the aspect of the EU legislative movement of mutual recognition (Chapter 6). I argue that extended confiscation in Europe does not comply with fundamental rights. Furthermore, the European experience should not be seen as having resolved these compliance challenges

Date of Award	13 May 2025
Original language	English
Awarding Institution	University of Bristol
Supervisor	Diego Acosta (Supervisor) & Lee McConnell (Supervisor)