Security and Intelligence Policies

A.Y. 2021/2022
6
Max ECTS
40
Overall hours
SSD
SPS/09
Language
Italian
Learning objectives
The course has the following learning objectives:
1) providing students with the main notions related to security (risk, control, order, protection, trust), as different disciplines (history of political doctrines, sociology, criminology, criminal law, constitutional law) has dealt with them;
2) providing students with the knowledge of the main anti-mafia and anti-terrorism policies by reconstructing institutional practices and the role of civil society;
3) developing the ability to read critically the institutional and media representations of the ""security issue"" and of the information agencies' activities
Expected learning outcomes
1)Knowledge and understanding of the main problems that security issues raise at national and international level, theoretical and political apparatus underpinning security policies (contrast and prevention), media and political construction of fear and of security's need; organizational structures of law enforcement agencies; the private security market; direct and indirect anti-mafia policies; counter-terrorism policies (in particular the intelligence's activities);

2)Ability to apply knowledge and understanding in relation to the main issues that raise the issue of security at national and international level, ability to deconstruct media and ideological representations of security problems, ability to identify the limits of anti-mafia and anti-terrorism policies.

During the course, group activities and presentations are proposed to consolidate and communicate what has been learned.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Lesson period
Third trimester
Lessons are both in presence and online (Teams).
Course syllabus
After an introduction on the right to safety and its use in the media, the general principles governing the activity of the judiciary and its relations with the Judicial Police and Information Agencies will be illustrated. Particular attention will be paid to the independence of the Public Prosecutor, to the mandatory nature of criminal prosecution (essential constitutional principles for the protection of collective and individual security).
Then, the institutional action will be illustrated:
· against internal terrorism in the years of lead, with references to self-organization and the specialization of the judiciary and police forces, also illustrating the so-called "emergency legislation";
· against organized crime and mafia in particular, with the "import" of the same working method successfully applied against internal terrorism;
· subsequently the general characteristics of the institutional response to the recent phenomenon of international terrorism (so-called "Islamic terrorism") will be analyzed, with rejection of the theory of war on terror and clarification on the related legislative choices.

The distinction between security needs (prevention) and needs for identifying the perpetrators of crimes (criminal investigations) will therefore be addressed, outlining the structure of the "Information System for the Security of the Republic" and the different competences of the information agencies, for prevention purposes (pursuant to Law 124/2007) and of the judicial police bodies for criminal investigation purposes, further deepening the relationships between the judicial authorities and information agencies and the tools on the subject of international collaboration.
The case of the kidnapping of Abu Omar (Milan, 17.2.2003), a typical example of violation of fundamental rights in the name of security, will be analyzed, with references to the outcome of the case, also before the European Court of Human Rights.
This will be followed by the study of the Feinstein Report of the US Senate of December 2014 on torture and extraordinary rendition which allowed to reveal the illegal conduct adopted by the CIA in the name of security.
The issue of the global phenomenon of illegal immigration will then be addressed, which, in particular in Europe and Italy, refers to the relationship between security needs and fundamental rights. In this direction, the issues that arise from the provisions of the Universal Declaration of Human Rights and the Italian Constitution, as well as from the duty-obligation of rescue at sea, will be examined in depth, often in conflict with the provisions of the so-called "Security packages" of 2008/2009 and "security decrees" of 2018, 2019 and 2020.
The course will propose some reflections on the themes of prevention measures in the field of anti-terrorism and anti-mafia and the relationship between information and security, finally taking into consideration the security reasons that have led to recent legislative measures in the field of the "coronavirus" pandemic.
Prerequisites for admission
No specific prerequisites are required.
Teaching methods
Frontal and interactive lessons aimed not only at transmitting the course contents to students, but also at developing the critical ability to identify the discrepancies between security policies and institutional practices. During the course, barring unforeseen circumstances, scholars, experts in the field and institutional representatives will intervene.
Teaching Resources
Regarding the materials, students will be provided (without any copyright) with a special collection which will constitute the main text for the exam and which will include the summary of the contents of the following documents and reports (of which writer and author), with any further useful references for the course:

1) "Storia della risposta istituzionale al terrorismo interno, alla mafia ed al
terrorismo internazionale";
2) "Attività e competenze delle Agenzie di informazione. Il segreto di Stato alla luce della sentenza CEDU sul caso Abu Omar";
3) "Direttiva UE 2017/541 del Parlamento Europeo e del Consiglio del 15.3.2017 sulla lotta contro il terrorismo....";
4) "Il Senato USA svela la verità su renditions e torture, ora tocca all'Europa";
5) "Il segreto investigativo: i rischi conseguenti al D. Lg.s n. 177/2016 e la sentenza n. 229/2018 della Corte Costituzionale" ;
6) "L'immigrazione tra sicurezza e diritti", pubblicato sulla rivista giuridica "I diritti dell'Uomo" n. 2/2018;
7) "Nota introduttiva all'opinione concorrente del giudice Paulo Pinto de Albuquerque in relazione alla sentenza delle CEDU di Strasburgo - IV Camera, del 22.11.2016, Abdullahi Elmi e Aweys Abubakar c. Malta", riguardante il trattamento degli immigrati secondo principi internazionali e costituzionali, in relazione alla sicurezza degli Stati di accoglienza.

Furthermore, students have to read carefully:

· dalla Chiesa N., La sicurezza come variabile dipendente: la lotta alla mafia tra asimmetrie ed emergenze, in "Studi sulla questione criminale", 2012, n.1.

· Materials concerning:

a. Cooperazione Internazionale e Procura Europea;
b. Fenomeno dei foreign fighters;
c. Rapporto tra sicurezza ed emergenza Coronavirus;
d. Misure di prevenzione, personali e patrimoniali.
Assessment methods and Criteria
It is expected an oral exam on Microsoft Teams or in presence.
SPS/09 - ECONOMIC SOCIOLOGY AND SOCIOLOGY OF WORK AND ORGANIZATIONS - University credits: 6
Lessons: 40 hours
Professor: Spataro Armando