Administrative Freezing Measures and EPPO Proceedings: Between Efficiency and Protection of Fundamental Rights

author Nicolò Di Paco ()
journal RIDP (ISSN: 0223-5404)
volume 2026
issue Criminal Justice Systems and Organised Crime: Old Problems and New Perspectives
section Organised Crime, Criminal Procedure and International Cooperation
date of publication June 3, 2026
language English
pagina 215
OID
abstract

The European Public Prosecutor’s Office (EPPO) Annual Report for 2025 highlights the difficulties that authorities face in tracing assets for recovery. Once EU assets are affected by organised crime, there is a risk that it will not be possible to recover what has been lost, which would cause serious and irreparable damage to the EU budget. In light of the challenges associated with preventing asset dissipation through traditional criminal freezing measures, exploring alternative administrative solutions that could more swiftly and effectively safeguard the EU budget could be worthwhile. After all, an increasing number of national and supranational legal systems provide administrative authorities with the power to freeze assets related to criminal activity, ensuring rapid and efficient intervention. That said, following a brief analysis of such measures, this paper aims to establish whether an administrative approach is inevitable, even in the context of EPPO proceedings. Nevertheless, as will be explained, the preferred option appears to be to grant European Delegated Prosecutors (EDPs) the power to intervene promptly. The final section therefore consists of a proposal to introduce a new short-term freezing tool that could strike a balance between protecting the EU’s financial interests and safeguarding individuals’ procedural rights.