Activities of Sylvia-Yvonne KAUFMANN related to 2016/0412(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the mutual recognition of freezing and confiscation orders
Amendments (8)
Amendment 34 #
Proposal for a regulation
Recital 27
Recital 27
(27) Before deciding to apply a ground for non-recognition and non-execution, the executing authority should consult the issuing authority, in order to obtain any necessary additional information.
Amendment 37 #
Proposal for a regulation
Recital 31
Recital 31
(31) The proper practical operation of this Regulation presupposes close communication between the competent national authorities involved, in particular in cases of simultaneous execution of a confiscation order in more than one Member State. The competent national authorities should therefore consult each other whenever necessary.
Amendment 39 #
Proposal for a regulation
Recital 34
Recital 34
(34) Any interested party, including bona fide third parties, should have legal remedies against the recognition and execution of a freezing or confiscation order to preserve his or her rights, including the right of access to the file and the effective possibility to challenge the order before a court or claim title of ownership or other property rights in accordance with Directive 2014/42/EU. The action should be brought before a court in the executing State.
Amendment 60 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Obligation to inform the interested parties Following the execution, the executing authority shall, without delay, notify its decision to the person against whom the confiscation order has been issued and to any interested party, including bona fide third parties.
Amendment 67 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Article 22, following the execution, the executing authority shall, without delay, notify its decision to the person against whom the freezing order has been issued and to any interested party including bona fide third parties of which the executing authority has been informed in accordance with Article 14(6).
Amendment 68 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The notification shall contain information, at least briefly,comprehensible information on the reasons ofor the freezing order, on the authority whoich issued the order and on the existing legal remedies under the national law of the executing State.
Amendment 69 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. For the purpose of safeguarding ongoing investigations, the issuing authority may request the executing authority to keep the execution of the freezing order confidential for a limited period of time. The issuing authority shall inform the executing authority when the reasons for confidentiality no longer apply.
Amendment 70 #
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) if the amount obtained from the execution of the confiscation order is more than EUR 10 000, 50 70% of the amount shall be transferred by the executing State to the issuing State.