L’emergenza figlia delle garanzie? Riflessioni intorno alle norme e alle pratiche di contrasto alla mafia e al terrorismo

Autore: Renzo Orlandi
In: Meridiana. 97
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The paper explores and critically examines, from a historical viewpoint, the progressive affirmation in the Italian criminal system of particular investigative methods to contrast organized crime. The formula of the perennial emergency evoked by the title is in itself contradictory: the emergency, by transitory definition, is defined as perennial, that is, indefinite over time. An apparent Oxymoron. The contingent criminal phenomenon to be tackled is temporary. The need to neutralize the danger of conduct considered harmful for the survival of public institutions is perennial. Every era encounters dangers of such magnitude as to justify emergency measures. The risk is that the idea of an emergency contaminates investigative and procedural practices designed to pursue common forms of deviance. However serious the crime to be tackled, no emergency can justify the use of tools and treatments that can harm human dignity.

Keywords: Organized crime; Emergency law; «Twin track»; Human rights; Proportionality.