FantasticSearch

Scroll to: TopResults

Explore European Union Legislation by Asking a Legal Question

assisted-checkbox

filter-instruction-1
positive-filters
negative-filters
act-filter tabs-all

parameters-title

query

assisted-checkbox:

result-title

total 7

Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

article  25

CELEX:  32023R2844

Amendments to Regulation (EU) 2018/1805 Regulation (EU) 2018/1805 is amended as follows:
(1) in Article 4, paragraph 1 is replaced by the following: ‘1. A freezing order shall be transmitted by means of a freezing certificate. The issuing authority shall transmit the freezing certificate provided for in Article 6 directly to the executing authority or, where applicable, to the central authority referred to in Article 24(2).’ ;
(2) in Article 7, paragraph 2 is replaced by the following: ‘2. The executing authority shall report to the issuing authority on the execution of the freezing order, including a description of the property frozen and, where available, providing an estimate of its value. Such reporting shall be carried out without undue delay once the executing authority has been informed that the freezing order has been executed.’ ;
(3) in Article 8, paragraph 3 is replaced by the following: ‘3. Any decision not to recognise or execute the freezing order shall be taken without delay and notified immediately to the issuing authority.’ ;
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

article  25

CELEX:  32023R2844

(4) in Article 9, paragraph 4 is replaced by the following: ‘4. The executing authority shall communicate without delay the decision on the recognition and execution of the freezing order to the issuing authority.’ ;
(5) in Article 10, paragraphs 2 and 3 are replaced by the following: ‘2. The executing authority shall immediately report to the issuing authority on the postponement of the execution of the freezing order, specifying the grounds for the postponement and, where possible, the expected duration of the postponement.
3. As soon as the grounds for postponement have ceased to exist, the executing authority shall immediately take the measures necessary for the execution of the freezing order and inform the issuing authority thereof.’ ;
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

article  25

CELEX:  32023R2844

(6) in Article 12, paragraph 2 is replaced by the following: ‘2. The executing authority may, taking into account the circumstances of the case, make a reasoned request to the issuing authority to limit the period for which the property is to be frozen. Such a request, including any relevant supporting information, shall be transmitted directly to the issuing authority. When examining such a request, the issuing authority shall take all interests into account, including those of the executing authority. The issuing authority shall respond to the request as soon as possible. If the issuing authority does not agree to the limitation, it shall inform the executing authority of the reasons thereof. In such a case, the property shall remain frozen in accordance with paragraph 1. If the issuing authority does not respond within six weeks of receiving the request, the executing authority shall no longer be obliged to execute the freezing order.’ ;
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

article  25

CELEX:  32023R2844

(7) in Article 14, paragraph 1 is replaced by the following: ‘1. A confiscation order shall be transmitted by means of a confiscation certificate. The issuing authority shall transmit the confiscation certificate provided for in Article 17 directly to the executing authority or, where applicable, to the central authority referred to in Article 24(2).’ ;
(8) in Article 16(3), the introductory wording is replaced by the following: ‘The issuing authority shall immediately inform the executing authority where: ‘;
(9) in Article 18, paragraph 6 is replaced by the following: ‘6. As soon as the execution of the confiscation order has been completed, the executing authority shall inform the issuing authority of the results of the execution.’ ;
(10) in Article 19, paragraph 3 is replaced by the following: ‘3. Any decision not to recognise or execute the confiscation order shall be taken without delay and notified immediately to the issuing authority.’ ;
(11) in Article 20, paragraph 2 is replaced by the following: ‘2. The executing authority shall communicate without delay the decision on the recognition and execution of the confiscation order to the issuing authority.’ ;
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

article  25

CELEX:  32023R2844

(12) in Article 21, paragraphs 3 and 4 are replaced by the following: ‘3. The executing authority shall without delay report to the issuing authority on the postponement of the execution of the confiscation order, specifying the grounds for the postponement and, where possible, the expected duration of the postponement.
4. As soon as the grounds for postponement have ceased to exist, the executing authority shall take, without delay, the measures necessary for the execution of the confiscation order and inform the issuing authority thereof.’ ;
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

article  25

CELEX:  32023R2844

(13) in Article 25:
(a) the title is replaced by the following: ‘Means of communication’;
(b) paragraph 1 is replaced by the following: ‘1. With the exception of communication under Article 8(2) and (4), Article 9(5), Article 19(2), Article 20(4) and Article 29(3), official communication under this Regulation between the issuing authority and the executing authority shall be carried out in accordance with Article 3 of Regulation (EU) 2023/2844 of the European Parliament and of the Council.
2. Where a Member State has designated a central authority, paragraph 1 shall also apply to official communication with the central authority of another Member State.
3. Where necessary, the issuing authority and the executing authority shall consult each other without delay to ensure efficient application of this Regulation, using any appropriate means of communication. Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation ().’;"
Regulation (EU) 2023/2844 of the European Parliament and of the Council of 13 December 2023 on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation

article  25

CELEX:  32023R2844

(14) in Article 27, paragraphs 2 and 3 are replaced by the following: ‘2. The issuing authority shall immediately inform the executing authority of the withdrawal of a freezing order or confiscation order and of any decision or measure that causes a freezing order or confiscation order to be withdrawn.
3. The executing authority shall terminate the execution of the freezing order or confiscation order, in so far as the execution has not yet been completed, as soon as it has been informed by the issuing authority in accordance with paragraph 2. The executing authority shall send without undue delay a confirmation of the termination to the issuing State.’ ;
(15) in Article 31(2), the third subparagraph is replaced by the following: ‘The consultations, or at least the result thereof, shall be recorded.’.