Cooperazione internazionale in materia di sequestro e confisca e tutela dei diritti fondamentali: tre modelli nel sistema europeo post Brexit
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This paper deals with the models of international cooperation on seizure and confiscation defined in two Council of Europe Conventions, in Regulation (EU) 2018/1805, and in the Trade and Cooperation Agreement of 24 December 2020. After describing each model of cooperation and its functioning schemes, the paper focuses on the provisions concerning fundamental rights, with the purpose to assess how the protection of fundamental rights takes place under each scheme and what critical issues can be identified. For what concerns the future relationship between the EU and the UK, it is argued in the light of the Petruhhin case-law that, notwithstanding its withdrawal from the Union, the United Kingdom will still have to comply with the standards of protection of rights as defined under EU law and as interpreted by the Court of Justice if it wants to continue its cooperation with the Member States.