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Vol 24 No 9 Sept/Oct 2019

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Redefining Organized Crime: A Challenge for the European Union? (eBook)

Edited by: Stefania Carnevale, Serena Forlati, Orsetta Giolo

ISBN13: 9781509904716
Published: December 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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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.

Subjects:
Criminal Law, EU Law, eBooks
Contents:
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

Series: Hart Studies in European Criminal Law

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