Resumo

MARIN, María Ángeles Pérez. ABOUT MUTUAL RECOGNITION AND EXECUTION OF FREEZING ORDERS: REGULATION (UE) 2018/1805. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.749-774.  Epub 18-Dez-2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.40.

Regulation (EU) 2018/1805 adopts common standards to guarantee the success of procedures for the recognition of freezing orders and confiscation orders in the area of freedom, security and justice. The legislator is based on the application of the principle of mutual recognition.

Until now, the regulation was excessively fragmented and hindered a uniform interpretation of the rules, with the consequent difficulty to achieve the objectives of the confiscation. In this context, the freezing order is a fundamental measure, because, it can guarantee the assets that, later, can be confiscated. During the procedure, there may be grounds for non-recognition and non-execution of freezing orders. These grounds present some difficulties for coordinate European regulation with national regulations, causing differences that not allow to consider that European legislator can offer identical results in all member States.

Palavras-chave : Space of freedom; Security and justice; Principle of mutual recognition; Mutual trust; Freezing orders; Confiscation orders..

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