Ass. Prof. Dr. Todor Kolarov
The article addresses the main issues that continue to represent challenges in mutual recognition of judicial orders in freezing, seizing and confiscation. On those, an action on behalf of the European Commission that scaffolds on Regulation 42/2014/EU could be expected. This time around the ambitions are bigger – namely to address recognition of non-conviction based judicial orders, as currently, in rem confiscation is not covered by Regulation 42/2014/EU. The Brussels-Lugano regime is not applicable either, at the least due to the CJEU definition of “civil and commercial cases” as an autonomous term of the EU law.
Considering the above the current gap concerning non-conviction based confiscation could be addressed with a legislative instrument adopted under articles 81 and 82 of TFEU or with a regulation under article 81 TFEU. The former option steers the EU legislator in interesting, yet uncharted legal territories, while the latter, theoretically less intriguing option, might constitute a more effective approach.
As part of this article, in addition to the discussion on the legal base and the nature of the future legal instrument, the topic of human rights, which is innately related to the issue, is discussed. Last, but not least, the discourse focused on freezing and confiscation of assets held by third parties, advocating for a more elaborate regulation.
Link to the article in Bulgarian language: В ОЧАКВАНЕ НА НОВА ЗАКОНОДАТЕЛНА ИНИЦИАТИВА НА ЕВРОПЕЙСКАТА КОМИСИЯ ЗА ПРИЗНАВАНЕ НА СЪДЕБНИ АКТОВЕ ЗА ОБЕЗПЕЧАВАНЕ И КОНФИСКАЦИЯ
 Associate Professor at the New Bulgarian University and Adjunct Associate Professor at the American University in Bulgaria. Member of the Arbitration Council of the Arbitration Court of the Confederation of Bulgarian Employers and Industrialists. Consultant for the UNODC and EU. Previously, Todor Kolarov served as the chairperson of the Bulgarian criminal asset confiscation body. His publications are mainly in the field of freezing and confiscation of criminal assets.