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Redefining Organized Crime: A Challenge for the European Union?

Redefining Organized Crime: A Challenge for the European Union?

Author: Stefania Carnevale; Serena Forlati; Orsetta Giolo
Publisher: Hart Publishing
ISBN: 9781509904709

Published In: December 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509937691

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Contents

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The definition of organized crime has long been the object of a lively debate, at national and international level. However, the discussions and analysis haven't yet led to one definitive answer to the question of what exactly does 'organized crime' mean.

This book starts from the (rather obvious) assumption that many instruments adopted both at international and at national level set forth special legal regimes designed to target criminal groups featuring a stable organization - which are perceived as particularly dangerous to society. Therefore, identifying the notion of organized crime is crucial to establishing the scope of any legal instrument specifically designed for combating it.

The aim of the book is to reassess the scope, the effectiveness and the overall coherence of existing legal definitions of organized crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law.

1. The Notion of Organised Crime: Why Definitions Matter

Stefania Carnevale, Serena Forlati and Orsetta Giolo

Part I: Redefining Organised Crime: The International Level

2. Definitions: Some Methodological Remarks

Baldassare Pastore

3. What is Organised Crime?

Federico Varese

4. The Notion of Organised Crime in the United Nations Convention against Transnational Organized Crime

Gioacchino Polimeni

5. Reconsidering Transnational Organised Crime in the Shadow of Globalisation: The Case of Human Smuggling across the Mediterranean

Monica Massari

6. Development of Organised Crime: The Phenomenon and Definition

Ivan Kleimenov

7. The Relationship between Transnational Organised Crime and Terrorism: An International Law Perspective 1

Alessandra Annoni

8. The Notion of Organised Crime and the American Convention on Human Rights

Laura Salvadego

9. The Notion of Organised Crime and the European Convention on Human Rights

Serena Forlati

10. The Notion of Organised Crime in EU Law

Vincenzo Militello

Part II: Redefining Mafia-Type Organisations: A Case Study on Italy

11. Defining the Mafia: Between Sociology and Law

Nando dalla Chiesa

12. The Organisational Features of Organised Crime: The Mafia as a Professional Bureaucracy

Antonio La Spina

13. The Notion of Mafia in Italian Criminal Legislation and Case Law

Ciro Grandi

14. The Boundaries of Mafias: Relationships and Business in the ‘Grey Area’

Vittorio Mete and Rocco Sciarrone

15. Beyond the Legal Definition: External Participation in Mafia-Type Organisations

Marco Venturoli

16. Mafia Definition and Legislative Gaps: A Critical Criminology Approach

Orsetta Giolo

17. The Notion of Organised Crime as a Justification for Special Rules of Criminal Procedure: The Derogations from the Ordinary Model and their Rationale

Stefania Carnevale

18. Concluding Remarks: Reconceptualising Organised Crime—Five Challenges

Valsamis Mitsilegas