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Journal of International Criminal Justice Advance Access originally published online on December 13, 2006
Journal of International Criminal Justice 2006 4(5):1166-1180; doi:10.1093/jicj/mql077
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© Oxford University Press, 2006, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

IV. The Response to Terrorism in Some Western Countries

Recent Italian Efforts to Respond to Terrorism at the Legislative Level

Vania Patanè*

* Associate Professor of Criminal Procedure University of Catania. [ vpatane{at}lex.unict.it]


   Abstract

Faced with the threat of global terrorism, can we actually say there is in Italy a weakness in the existing law? The answer to such a question depends on the impact of the adopted legislation on the effectiveness in combating terrorism. From a general overview of recent legislative and executive measures, there seems to emerge a general belief that in order to facilitate the most in-depth and extensive knowledge of terrorist phenomena, the balance between prevention of terrorist acts and judicial safeguards needs to be altered in favour of the former. Emphasizing the function of risk prevention aimed at bolstering state security implies, as a consequence, the risk of weakening judicial control and safeguards. This article is intended to offer an overview of recent developments in Italy in the field of anti-terrorism law and practice, attempting to assess the compliance of the adopted counterterrorist measures with criteria deemed to be consistent with the principles of a state subject to the rule of law and with the fundamental rights of the individual.


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This article has been cited by other articles:


Home page
Security DialogueHome page
G. Mythen and S. Walklate
Terrorism, Risk and International Security: The Perils of Asking 'What If?'
Security Dialogue, April 1, 2008; 39(2-3): 221 - 242.
[Abstract] [PDF]



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