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EU against Transnational Organized Crime. The role of the Framework Decision 2008/841/JHA and the recent empowering of the role of Europol

TIPOLOGIA: Tesi di Master
ATENEO: Libera Univ. Internaz. di Studi Soc. G.Carli-(LUISS) di Roma
FACOLTÀ: Scienze Politiche
Organized crime has reached unexpected levels in every sector today. Data in hand we are faced with one of the major problems in societies around the world. Yet over the years the phenomenon has often been underestimated, many countries thought they were strangers to dynamics that seemed to belong only to the Italian and then the U.S. state. Modern reality, unfortunately, has managed to change everyone’s mind.
With this thesis, an attempt has been made to provide as complete a picture as possible of the current situation from the point of view of the work done by the European Union and its agency responsible for combating this phenomenon: Europol The investigation starts from the legal framework of Framework Decision 2008/841/JHA, which serves today as the legal basis in the fight against organized crime, providing legal, legal, investigative, and general support tools to member countries.
The study then examines the limitations of this legislation, which follows the more famous Palermo Convention (UNTOC) and, despite this, is characterized by certain factors that limit its full implementation. For this reason, following the presentation of the legislation, the first chapter examines the criticism it has received from the doctrine, which has come to question whether the Framework Decision can concretely lead to an effective harmonization of domestic criminal law systems, one of the most important factors in countering transnational organized crime. In this regard, the most recent actions put in place by the Union, including the important Strategy 2021-2025 for specifically countering this phenomenon, are reported at the conclusion of the first chapter.
Moving on from the research question of the paper, which can be summarized in the formula: what actions can the European Union take to improve its action against the organized criminal phenomenon? To answer the question in the second chapter, the main doctrinal orientations on a reform of the Framework Decision are presented. Among the proposals presented, reference to a strengthening of Europol’s role inspires the content of the third chapter. Starting from what was briefly mentioned earlier, the third and final chapter starts with a historical analysis regarding the birth and adaptation of the Agency to the various stages of European history in the last century, and then specifically presents the current situation and future possibilities.
In conclusion, in order to answer the question, the research method employs a combination of different approaches, including literature review (academic and scholarly research articles/journals, academic contributions, monographs), research, and collection and analysis of key doctrinal opinions, attempting to present them in a manner consistent with what is argued throughout the paper.

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