IL CONCORSO ESTERNO IN ASSOCIAZIONE MAFIOSA NELL’EVOLUZIONE DELLA GIURISPRUDENZA ITALIANA E DELLA CORTE EUROPEA DEI DIRITTI DELL’UOMO

This short essay aims at exploring the key stages of the evolutionary process of collusion with the Mafia crime. Taking as its starting point editor Ciancio Sanflippo’s court case, recently acquitted of the charge of Mafia connections by the Court of Catania with the questionable reason of the absence of the aforementioned crime in the Italian system as a result of the ECHR judgment Contrada vs. Italy – then canceled by the Supreme Court, the essay wants, at the same time, to analyze the internal effects, in terms of effectiveness, of the above mentioned Contrada judgment. The text highlights the contrast between the ECHR case-law, very punctual in rebuilding the rule of law through a pragmatic interpretation and anti formalistic method, and the Italian domestic law that defnes not binding Contrada’s judgment on the assumption that it is not, at the moment, a consolidated case law address.