A new Council of Europe protocol is intended to strengthen cross-border investigations, confiscation and the recovery of criminal wealth. European authorities currently recover only a small proportion of the proceeds generated by organised and financial crime.

The European Union has signed an international agreement strengthening the recovery of criminal assets, as Brussels seeks to address the failure of national authorities to confiscate the overwhelming majority of wealth generated through organised crime, corruption and money laundering.

The agreement, opened for signature in Strasbourg on Wednesday, 14 October, introduces additional provisions governing the identification, freezing, confiscation and management of assets held across national borders.

It supplements the Council of Europe’s Warsaw Convention, which established an international framework for cooperation against money laundering and the financing of terrorism.

The Additional Protocol adopted by the Council of Europe extends existing asset-recovery mechanisms and strengthens the ability of national authorities to cooperate when criminal proceeds are transferred beyond the country where an offence occurred.

The financial foundations of organised crime

European authorities have long struggled to deprive criminal organisations of the profits generated by their activities.

An estimate frequently cited by European institutions suggests that only around one per cent of criminal proceeds are ultimately confiscated.

The figure highlights a persistent weakness in criminal enforcement. Police and prosecutors may identify offenders and secure convictions without recovering the money used to finance further criminal operations.

Organised crime networks can distribute their assets through bank accounts, companies, property holdings and intermediaries operating in different jurisdictions.

Investigators must establish the origin and ownership of those assets, obtain the necessary legal orders and secure cooperation from foreign authorities before funds or property can be transferred again.

The problem has become increasingly serious as criminal organisations operate across several countries while enforcement powers remain largely national.

In an earlier examination of Europe’s response to drug-trafficking networks, EU Today reported on the importance of confiscating criminal assets rather than concentrating exclusively on arrests and drug seizures.

The financial structures supporting trafficking organisations can survive the prosecution of individual members, allowing criminal enterprises to replace personnel and continue operations.

New powers for cross-border investigations

The protocol is intended to address practical obstacles encountered when authorities seek assistance from another country.

Its provisions cover international cooperation in asset recovery, the management of seized property and the execution of confiscation decisions.

They also address circumstances in which confiscation may be possible without a conventional criminal conviction, subject to the safeguards and legal requirements established by participating states.

Such arrangements can be particularly relevant when suspects have fled, proceedings cannot be completed or assets are held through structures designed to conceal their ownership.

The protocol also provides for improved cooperation between designated asset-recovery authorities.

These mechanisms are intended to reduce the delays that can arise when investigators must navigate different national procedures while attempting to secure property that may be rapidly moved or disposed of.

The Council of Europe’s treaty documentation explains that the protocol seeks to update the Warsaw Convention in accordance with developments in international anti-money laundering standards.

The revised framework has also been developed with reference to EU rules and the recommendations of the Financial Action Task Force.

Existing European legislation

The agreement builds on legislation already adopted within the European Union.

The 2024 Asset Recovery and Confiscation Directive established stronger provisions concerning the tracing, freezing, confiscation and management of assets associated with criminal activity.

That directive is intended to improve national asset-recovery systems and strengthen cooperation between authorities.

The EU has separately developed a new anti-money laundering framework, including the establishment of the Frankfurt-based Authority for Anti-Money Laundering and Countering the Financing of Terrorism.

The authority has responsibilities concerning the supervision of high-risk financial institutions and coordination between national bodies combating illicit financial activity.

The new Council of Europe protocol addresses a related but distinct problem: how authorities recover assets once suspected criminal proceeds have been identified, particularly when those assets are located in another jurisdiction.

An earlier EU Today report on criminal enforcement of sanctions violations illustrated the importance of asset confiscation in cases involving breaches of European restrictions.

Although sanctions enforcement and organised crime investigations operate under different legal arrangements, both can require authorities to identify property, obtain judicial orders and prevent assets from being moved beyond their reach.

Ratification and implementation

The protocol was adopted by the Council of Europe’s Committee of Ministers on 15 May 2026 and opened for signature on 14 October.

The European Union’s participation requires further legal procedures before the new provisions become binding.

The Commission had previously submitted proposals authorising the EU to sign the agreement, reflecting the division of responsibilities between the Union and its member states in criminal justice and financial regulation.

Individual governments must also determine how the international obligations interact with national procedures governing investigations, property rights and confiscation.

The effectiveness of the agreement will depend on the speed of its implementation and the resources available to investigators, prosecutors and financial intelligence authorities.

Criminal organisations can transfer funds internationally through transactions completed in minutes. Judicial cooperation and the enforcement of confiscation decisions frequently require considerably longer.

The protocol offers governments additional instruments for narrowing that gap, but cannot eliminate the administrative and legal obstacles without corresponding improvements in national enforcement.

For European authorities, the practical measure of success will be the amount of criminal wealth that can be identified and recovered.

The Strasbourg agreement provides a wider legal framework for that task at a time when the profits generated by organised crime continue to exceed the assets confiscated by enforcement agencies.

The U.S. Department of Justice has threatened California with possible legal action over what it says are noncitizens believed to have received mail ballots for next month's midterm elections.

Four in five new jobs created in Britain since 2014 were taken by migrants while the number of British people on out-of-work benefits increased by 2.3 million, according to a report from the Centre for Social Justice.

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Back in 1983, the Supreme Court declared that "a person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another." That increasingly doubtful proposition underpins a nationwide network of more than 144,000 AI-assisted cameras that track the travels of innocent motorists across the country billions of times each week.

So far, state and federal courts have almost uniformly rejected constitutional challenges to automated license plate readers (ALPRs) installed by companies such as Flock Safety. But in a decision that could signal a shift in the legal treatment of Flock cameras, a federal judge in Oklahoma recently recognized that they enable "a type of indiscriminate mass surveillance."

ALPRs are much more sophisticated than the technology that the Supreme Court considered in 1983, when it approved the warrantless use of a radio transmitter that helped police tail a suspected methamphetamine manufacturer's car. Three decades later, by contrast, the Court said police should have obtained a search warrant before attaching a GPS tracker to another drug suspect's car.

The majority opinion in the latter case emphasized the physical intrusion necessary to install the tracker. But five justices embraced an alternative rationale, saying GPS tracking impinges on reasonable expectations of privacy by revealing potentially sensitive information about the target's historical whereabouts.

That theory came to the fore in a 2018 case involving mobile-phone location data collected by cell sites, which the majority said implicated the Fourth Amendment because "individuals have a reasonable expectation of privacy in the whole of their physical movements." The Supreme Court reiterated that principle this year, extending it to data collected by Google's Location History feature.

"An individual has a reasonable expectation of privacy in records about his cell phone's location," Justice Elena Kagan said in the majority opinion, "and police intrude on that constitutionally protected interest when they demand the information." By similar logic, U.S. District Judge Sara E. Hill concluded this month in the Oklahoma case, people have a reasonable expectation of privacy in ALPR records, and police therefore generally need a warrant to search them.

Those databases include "information about all vehicles that pass by any network-connected camera at all times," which police can peruse "on demand," Hill noted. "Freedom from persistent, dragnet-style surveillance while in public is not a foreign concept in our society, and it is a reasonable expectation that society already accepts," as reflected in the Supreme Court's cellphone decisions.

Like cars, cellphones "move in public places where people can see you in plain view," Hill wrote. "But it becomes constitutionally problematic when law enforcement can indiscriminately and passively catalog your whereabouts over an extended period of time and then use that information for any purpose whenever convenient."

At this point, Hill's decision is an outlier. "It appears that nearly every court examining the issue to date has determined that ALPR technology use is not a search under the Fourth Amendment because people have no reasonable expectation of privacy in their movements on public streets," she noted.

Last month, for instance, a federal judge in California held that ALPR database searches are "clearly distinguishable from and less extensive than the 'near perfect surveillance' achievable" with cell-site or Location History data. And the day after Hill's ruling, a state judge in California rejected a challenge to San Jose's Flock camera network, saying "there is no reasonable expectation of privacy in license plate data collected from cameras directed solely at public streets."

A federal lawsuit involving the same city's ALPR system, which the Institute for Justice filed last April, is still pending. So are challenges to Flock cameras in cities such as Wichita, Kansas, and Norfolk, Virginia.

Even when they reject such lawsuits, courts commonly acknowledge that the legal picture could change as the number and capabilities of ALPRs multiply. If so, it seems likely that Hill will eventually be joined by other judges who recognize the perils of "indiscriminate mass surveillance."

© Copyright 2026 by Creators Syndicate Inc.

The post Other Courts Should Heed a Federal Judge's Warning About Flock-Enabled Mass Surveillance appeared first on Reason Magazine.

Sahil Wakode’s death by suicide at IIT Bombay reignites the debate over caste discrimination in India’s higher education institutions and highlights the need for a systemic reboot rather than incremental fixes.

As student suicides rise faster than enrolment rates, data can reveal who is most affected and why. But India seems to count deaths more precisely than it can explain the patterns beneath them.

The persistence of caste in higher education cannot be addressed without tackling the greater inequality in schools, starting with universal, compulsory, free education in high-quality government schools.