L'armonizzazione dei reati in Europa fra 'parabola' e 'piano inclinato': il caso della incriminazione dell'organizzazione criminale

Abstract

After recalling Alessandro Bernardi's contribution to the diffusion in Italy of attention to the issues of European criminal law, the contribution examines the gap between programmes and achievements in the harmonisation of European criminal law systems. According to a first approach, it has traced a sort of parabola, which is now in a downward phase. In this regard, the incrimination of criminal organisations is taken as a test case for assessing European criminal law harmonisation. A critical review is then made of the deficits in the creation of a common basis for combating criminal organisations, highlighting certain trends in the adaptation of Member States to the standards set by the European Union. It concludes by considering the principle of harmonisation, rather than a parabola, a sort of inclined plane, which pushes towards the convergence of national criminal systems.