Author Archives: Michele Simonato

Michele Simonato

About Michele Simonato

In March 2016 Michele Simonato joined the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE). His main research interests lie in the field of EU criminal law, asset recovery, and food law. During the last few years, he conducted a post-doctoral research project on asset recovery in the EU at the University of Luxembourg, where he also taught courses on fundamental rights, financial investigations and asset recovery, and criminal law. He has participated in international research projects on the prevention and settlement of conflicts of jurisdiction, and on the establishment of a European Public Prosecutor’s Office. Recently he was a visiting researcher at the Georgetown University Law School (Washington DC). He holds a Ph.D. on victims’ rights and criminal procedure from the University of Genoa. He also worked in private practice and is a qualified barrister in Italy.

Better mutual recognition for better results on asset recovery: A new Commission’s proposal

Just before Christmas, with the objective of further enabling Member States to deprive criminals of their illicit gain, the EU Commission proposed the adoption of an(other) instrument in the field of freezing and confiscation of assets deriving from criminal offences.

Due also to obligations under international and EU law, asset recovery laws and strategies – in particular against organised crime – have been increasingly adopted by contemporary criminal justice systems. Attacking criminal wealth has, indeed, a strong preventive and strategic dimension: focusing on the property of criminal organisations, for example, helps law enforcement authorities reach through their top, and it gives more tools to neutralise and dismantle them. The idea that asset recovery is essential to tackle these organisations has been lately coupled with the conviction that it is helpful against terrorism, too. The Commission proposal was indeed announced at the beginning of 2016 with the ‘Action Plan for strengthening the fight against terrorist financing’. Continue reading