Monday, 17 October 2011

Organised crime and judicial corruption in the Western Balkans: Are customary norms playing any role?





Journal of Financial Crime
ISSN: 1359-0790
Online from: 1993
Subject Area: Accounting and Finance
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Document Information: Title: Organised crime and judicial corruption in the Western Balkans: Are customary norms playing any role?

Author(s): Fabian Zhilla, (School of Law, King's College London, London, UK)

Citation: Fabian Zhilla, (2011) "Organised crime and judicial corruption in the Western Balkans: Are customary norms playing any role?", Journal of Financial Crime, Vol. 18 Iss: 4, pp.387 - 404

Keywords: Albania, Corruption, Customary norms, Judicial corruption, Law enforcement, Legal personnel, Money laundering, Organized crime, Western Balkans

Article type: Research paper

DOI: 10.1108/13590791111173713 (Permanent URL)

Publisher: Emerald Group Publishing Limited

Acknowledgements: The author thanks Dr Mary Vogel, Reader in Law and Democratic Transformation, School of Law, King's College, for her comments and fruitful suggestions on the structure of the paper and the line of argument. This paper would have not been completed without her commitment and encouragement.

Abstract:

Purpose – The purpose of this paper is to explore the interplay between customary norms and organised crime and consider their implications for judicial corruption.



Design/methodology/approach – This paper analyses the links between judicial corruption and organised crime in the Western Balkans generally, and focuses on the role of customary norms in Albania in particular. The paper takes stock from secondary sources and a series of semi-structured expert interviews with judges, prosecutors, and lawyers in Albania.



Findings – This study explains that the impact of customary norms in the interplay between organised crime and judicial corruption in the Western Balkans generally, and in Albania more specifically, although not frequently used, is real and that it carries significant consequences.



Research limitations/implications – Due to differences among cultures in the Western Balkans, findings based on Albania are suggestive only for similar societies and indicate areas for future research.



Originality/value – The paper demonstrates that mechanisms of customary norms such as vendetta and blood feud killings can neutralise the judiciary and law enforcement agencies when they have been manipulated by organised crime out of their social context for criminal purposes.





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