The deep roots and development of Mafia–type organisations in local and international settings is in part also a result of the services provided by professionals (for example, in money laundering). Doctrine and case law have highlighted the role of the professionals and their social networks in feeding the relationships of the Mafias in the socio-economic and institutional framework. Professional associations have been criticised for not always being able to prevent or suitably sanction collusive practices either because of inertia or “a desire to not rock the boat”. This paper will deal with a phenomenon which has also been studied by socio-historical sciences through the rigour of a juridical analysis. Therefore, what we will look at are the critical areas in the system, also from a de iure condendo point of view. The issue is looked into for the first time by studying four main critical areas in relation to each other: 1. criminal law; 2. the system of the professions and the role of the professional associations with particular reference to disciplinary proceedings; 3. the role of the organs that control and sanction the professional associations; 4. data collection and access to databases of the courts and professional associations.

Professions in Italy: a grey area / D'Alfonso, Stefano. - In: ITALIAN JOURNAL OF PUBLIC LAW. - ISSN 2239-8279. - 1/2016:1(2016), pp. 164-203.

Professions in Italy: a grey area.

D'ALFONSO, STEFANO
2016

Abstract

The deep roots and development of Mafia–type organisations in local and international settings is in part also a result of the services provided by professionals (for example, in money laundering). Doctrine and case law have highlighted the role of the professionals and their social networks in feeding the relationships of the Mafias in the socio-economic and institutional framework. Professional associations have been criticised for not always being able to prevent or suitably sanction collusive practices either because of inertia or “a desire to not rock the boat”. This paper will deal with a phenomenon which has also been studied by socio-historical sciences through the rigour of a juridical analysis. Therefore, what we will look at are the critical areas in the system, also from a de iure condendo point of view. The issue is looked into for the first time by studying four main critical areas in relation to each other: 1. criminal law; 2. the system of the professions and the role of the professional associations with particular reference to disciplinary proceedings; 3. the role of the organs that control and sanction the professional associations; 4. data collection and access to databases of the courts and professional associations.
2016
Professions in Italy: a grey area / D'Alfonso, Stefano. - In: ITALIAN JOURNAL OF PUBLIC LAW. - ISSN 2239-8279. - 1/2016:1(2016), pp. 164-203.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11588/656195
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