UNIVERSITÀ’ DEGLI STUDI DI TRIESTE INTERNATIONAL UNIVERSITY INSTITUTE FOR EUROPEAN STUDIES Sedi consorziate: Università degli Studi di Trieste, Università degli Studi di Udine, Università di Cluj- Napoca, Università Eötvös Loránd di Budapest, Università di Klagenfurt, Università Jagellonica di Cracovia, Università Comenius di Bratislava, Università MGIMO di Mosca, l’Università di Nova Gorica e l’Istituto di Sociologia internazionale di Gorizia - ISIG. XXIV CICLO DEL DOTTORATO DI RICERCA IN “POLITICHE TRANFRONTALIERE PER LA VITA QUOTIDIANA ” TRANSBORDER POLICIES FOR DAILY LIFE TITOLO DELLA TESI “INVESTIGATING AND COMBATING ORGANIZED CRIME IN EU ” Settore scientifico-disciplinare: DIRITTO DELL’ UNIONE EUROPEA DOTTORANDO ARBEN CARA COORDINATORE PROF. LUIGI PELLIZZONI RELATORE / SUPERVISORE / TUTORE ANNO ACCADEMICO 2010/ 2011 PROF. ALBERTO GASPARINI CORRELATORE ASSOC.PROF. DORIS HATTENBERGER 2 INTRODUCTION………………………………………………………………. 6-10 I. INVESTIGATION OF ORGANIZED CRIME - Introduction on “ definition of organized crime ”……………………………… 10-15 Institutions, Organizations, Law Enforcement Agencies ………………… 15-17 And Academics defining Organized Crime . The concept of organized crime ………………………………………………17-19 - The characteristics of the mafia style organized crime ...................................... 19-34 The world producing more groups and organization of the mafia type ...... 34-48 - The characteristics of organized crime ………………………………………… 48-57 - Types of crime ……………………………………………………………………57-67 II. PUSHING FACTORS ON EXPANDING AND STRENGTHENING OF ORGANIZED CRIME WITH THE FOCUS ON EUROPEAN UNION. - Globalization as a strong mean on expanding organized crime …………… 67-68 - The fall of communism (historical event) …………………………………….. 68 - Enlargement of the EU (political event) ……………………………………… 68-70 - The new technologies ………………………………………………………… 70-72 - The geographical positions ………………………………………………………72-73 - Socio - Cultural factors …………………………………………………………. 73 -The diversity of procedural systems …………………………………………… 73-76 3 III. EUROPEAN UNION COOPERATION IN CRIMINAL LAW -The legal framework of cooperation models ……………………………………. 76-78 -Judicial, police and custom cooperation in criminal matters …………………... 78 -The judicial cooperation and its instruments of the European Union In the fight against the organized crime. An evolutionary process, Until the Maastricht treaty ...................................................................................... 78-79 -The judicial tools adapted in the third pillar ....................................................... 79-82 - The structures in the Judicial Cooperation in criminal matters ........................ 82-84 - Principle of mutual recognition in EU law ……………………………………… 84-85 - European Arrest Warrant as a model for EU cooperation ……………………. 85-88 - Harmonization of EU organized crime law ........................................................... 88-90 - International legal instruments aimed at the harmonization of organized Crime legislation in EU ………………………………………………………… 90 - The police cooperation ………………………………………………………… 91-94 - The custom cooperation ...................................................................................... 94-96 - Europol ………………………………………………………………………… 96-97 - Lisbon Treaty brings changes in the JHA field ……………………………… 98-104 4 IV. INVESTIGATING AND COMBATING THE ACTIVITIES OF ORGANIZED CRIME. - EU combating the phenomenon of trafficking of human beings.........................105-110 - EU combating the phenomenon of illegal immigration.. .....................................111-114 - INVESTIGATIVE METHODS COMBATING ORGANIZED CRIME AND ITS ACTIVITIE S - Effective ways of investigative methods in the European Union …………… 115-117 - Tackling and dismantling of organized crime structure, by penetrating in its Structure. The role of members of organized crime and victims of organized Crime .....................................................................................................................117-121 - Aggravating circumstances …………………………………………………… 122-126 - Participation in a criminal organization ………………………………………. 127-130 - Mitigating circumstances ………………………………………………………131-135 - Exchange of information on movements of groups, Exchange of DNA analyses results liaison officers, Network of Europol, (liaison officers) ……………………………………… 136-137 - REASONS FOR INTRODUCING THE ANTI MAFIA LEGISLATION IN THE EU MEMBER STATES LEGISLATION - Existence of Italian mafia and other groups like Mafia in the EU and beyond ...138- 150 - The model of anti mafia law regarding the “Pentiti” (Repenters) ....................... 151-154 - The use of special methods of investigation ........................................................ 155-157 -The importance of community method on fighting trafficking in human beings And illegal immigration ........................................................................................158-163 5 V. THE EUROPEAN UNION COMBATING THE ACTIVITIES OF ORGANIZED CRIME - EU against the Drug phenomenon …………………………………………… 165-168 - Fight against Fraud ………………………………………………………… 169-172 - The fight against Corruption ………………………………………………… 173-176 - The combating of Money Laundering ……………………………………… 177-179 - Prevention of the organized crime …………………………………………… 180-182 - European Union collaborating and supporting third countries on fighting Organized crime ……………………………………………………………… 182-185 - Organizations and the pan-European initiatives on fighting organized crime... 185-187 - European Union and the UN …………………………………………………..187- 188 - European Union law enforcement cooperation and third States …………………………………………………………………………. 188-189 CONCLUSIONS…………………………………………………………….. 190-197 Bibliography…………………………………………………………………. 198-205 6 INTRODUCTION The organized crime (OC) situation within the EU is developing rapidly. It is a growing problem within the EU and poses a threat to the EU objective to create a high level of safety within an area of freedom, security and justice . On the one hand , the opening of the borders between EU – 27 member states have made the indigenous and non-indigenous OC groups within the EU aware of the possibilities of expanding their criminal activities. Furthermore, to achieve criminal successes, the OC groups exploit the absence of or delay in the political initiatives or the unforeseen, negatives consequences of these as well as judicial changes among different EU member states. On the other hand , the growth of the European Union however does not just provide the organized crime with new opportunities in a common geographical and political space; it also provides the EU with an opportunity to streamline its political initiatives and activities, to become more efficient by overcoming national differences in the area of law enforcement. The EU has taken advantage of this new opportunity and from the recent years up to now has adopted a global strategy in the struggle against the organized crime both within the EU and in the international level. This strategy for the purpose of my research is divided into important parts: The investigation of organized crime and the combating of organized crime, within EU and beyond. The primary aim of this work is just to analyse and to bring insights for the EU a logic line and method to investigate and combat the organized crime from EU. We should keep in mind that the EU is not “ a state ” and the difficulties to achieve this goal are enormous. And, a good example to frame laws and to introduce efficient investigative methods, in different member states and in its own EU legislation, is Italy. 7 As regards the methodology it is a mixing between analyze and descriptive one. The work will focus more on e European perspective of the fight against the organized crime than on individual national actions against it. The two important moments of this strategy against organized crime are reflected as I mentioned above on the investigation of organized crime, and combating of organized crime. However, in the introductory chapters, this work discusses the introduction on definition of organized crime. And this definition (including working definition on organized crime ) serves to investigator to know everything about organized crime. During the process of investigation hi/she or the team of investigators/prosecutors needs to know what an organized crime is , what about the characteristics of both activities and the organized crime groups. Also, the public’s perception of organized crime, and how seriously they regard it, determines the degree of support for policies and resources to combat it. How organized crime is defined goes a long way toward determining how laws are framed, how investigations and prosecutions are conducted, how research is carried out, and increasingly, how mutual legal assistance across national borders is rendered. But, more this introductory part of the research, explain that: for this purpose (in this part) has been introduced the Italian OC groups ( Mafia ) as the most widespread indigenous OC groups in the EU and the mafia-style criminal activities as the ‘highest model’ of the organized crime. But, in general have been analyzed the characteristics of organized crime. The work is based on books and papers published by scholars that take part in the debate as well as on organized crime-related official reports and documents issued by the EU. As regards the structure this work is composed of five chapters. The primary aim of this work is just to analyse and to bring insights of the EU