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Redefining Organised Crime
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Edited by Stefania Carnevale, Serena Forlati and Orsetta Giolo
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The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly ‘organised crime’ means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised 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 and of organised crime more generally. THE EDITORS Stefania Carnevale is Associate Professor of Criminal Procedure, University of Ferrara. Serena Forlati is Associate Professor of International Law, University of Ferrara. Orsetta Giolo is Associate Professor of Philosophy of Law, University of Ferrara.
TABLE OF CONTENTS
1. The Notion of Organised Crime: Why Definitions Matter Stefania Carnevale, Serena Forlati and Orsetta Giolo 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
10. The Notion of Organised Crime in EU Law Vincenzo Militello 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
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
7. The Relationship between Transnational Organised Crime and Terrorism: An International Law Perspective Alessandra Annoni
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
9. The Notion of Organised Crime and the European Convention on Human Rights Serena Forlati
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14. The Boundaries of Mafias: Relationships and Business in the ‘Grey Area’ Vittorio Mete and Rocco Sciarrone
6. Development of Organised Crime: The Phenomenon and Definition Ivan Kleimenov
8. The Notion of Organised Crime and the American Convention on Human Rights Laura Salvadego
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