Contribution à l'étude de la notion de crime organisé en Europe: L'exemple de la France et de la Grèce ; Contribution to the study of the notion of organised crime in Europe: The examples of France and Greece

In: http://orbilu.uni.lu/handle/10993/24069

Abstract

The presented study examines the juridical, socio-political and epistemological implications, caused by the insertion of the concept of organised crime into the European penal legislations, precisely the French and Greek ones. Firstly, the study concerns the process by which the preexistent legal notions concerning criminal participation and group-based offenses have gradually been replaced by an allegedly univocal notion of organised crime, as well as the consequences of this substitution for the concerned juridical systems. This study of the "sein" of contemporary policy towards organised crime, invites us to think also about its "sollen". The serious legal-dogmatic problems and the semantic entropy inherent to the concept, combined with the justified worries about the politico-philosophical orientations of contemporary criminal policy systems, lead us to rethink not only the utility of the juridicisation of a concept which is ontologically inappropriate for scientific treatment, but also the latent manichean tendencies behind this process; tendencies which, much more than organised crime itself, threaten the declared values of our societies and our justice systems.