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Article
Publication date: 15 August 2016

Gabriella Gimigliano

The purpose of this paper is to contribute to the existing body of work in the area of Islamic banking by investigating the regulatory accommodation process of Islamic banking in…

Abstract

Purpose

The purpose of this paper is to contribute to the existing body of work in the area of Islamic banking by investigating the regulatory accommodation process of Islamic banking in Italy.

Design/methodology/approach

The method used is essentially based upon an analysis of laws, regulations and jurisprudence/legal doctrine.

Findings

In Italy, where Muslim represent, from a religious point of view, the second largest immigrant community, no Shari’a-compliant institution has been authorised yet, but no legal obstacle is laid down.

Research limitations/implications

The paper examines the accommodation process of Shari’a-compliant banking within the Italian system of banking and business law. Therefore, the paper is mainly based on the Italian jurisprudence/legal doctrine. Moreover, no comprehensive analysis of Islamic banking principles is provided.

Practical implications

The paper, investigating the accommodation process of Islamic banking in the Italian banking system, shows any legal and regulatory obstacles refraining Muslims living in Italy from living according to Islam and complying with the general regulation of undertakings.

Originality/value

Examination of the topic is originally undertaken because the investigation of Islamic banking in the Italian legal framework matches the business-based approach with the cultural-based approach as complementary analyses.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 9 no. 3
Type: Research Article
ISSN: 1753-8394

Keywords

Book part
Publication date: 25 June 2016

Rosanna Pittiglio, Filippo Reganati and Claudia Tedeschi

This chapter aims to investigate to what extent differences in legal systems affect cross-border insolvency. Specifically, it aims to answer the following research questions: What…

Abstract

Purpose

This chapter aims to investigate to what extent differences in legal systems affect cross-border insolvency. Specifically, it aims to answer the following research questions: What is the relationship between multinational status and firm death rates? To what extent can the legal system affect the pattern of firms’ death across countries? How can the cross-border insolvency legal rules produce firms’ death or survival through corporate restructuring and bailout?

Methodology/approach

We apply survival methods and estimate a discrete-time hazard model in which we look for the effect of foreign ownership on firm death, controlling for firm- and industry-specific covariates. In doing this we analyse the determinants of firms’ death and crisis distinguishing Italian foreign-owned firms according to the legal system of the country where they have their ‘centre of main interests’ (COMI).

Findings

Our main findings reveal that Italian firms owned by foreign multinationals are more likely to exit and to be in crisis than national firms. In addition, Italian foreign-owned firms which have their COMI in a Common law country, compared with those having their COMI in a Civil law country, exhibit a lower risk of death and a higher likelihood of surviving the crisis.

Research limitations/implications

This analysis was limited to all Italian firms. Therefore, it might be interesting to verify if there is a sort of country/sectoral heterogeneity in the firms’ behaviour. In addition, the analysis could be extended to the Italian firms investing abroad (i.e. Domestic MNEs).

Originality/value

Overall, our study enriches our understanding of the determinants of foreign-owned firms’ survival in Italy and highlights the important role assumed by the countries’ legal environment. Although the vast majority of legal systems establishes that business crisis management is no longer aimed at repressing and sanctioning, but rather at preserving the entrepreneurial complex, and rescuing and maintaining business activity, we provide some insights into how differences between Common law countries and Civil law countries affect cross-border insolvency.

Details

Dead Firms: Causes and Effects of Cross-border Corporate Insolvency
Type: Book
ISBN: 978-1-78635-313-9

Keywords

Article
Publication date: 1 July 2014

Daniele Canestri

The purpose of this paper is to compare a new anti-corruption law approved by the Italian Parliament in November 2012 with Italian treaty obligations, the international evaluation…

Abstract

Purpose

The purpose of this paper is to compare a new anti-corruption law approved by the Italian Parliament in November 2012 with Italian treaty obligations, the international evaluation reports on the Italian anti-corruption regime elaborated by the Organisation for Economic Co-operation and Development (OECD) and the Council of Europe, the best practice guidelines and other European models. The year 2012 has marked a turning point in Italian anti-corruption policy. In response to the low ranking that Italy has in all international anti-corruption indices, the critiques expressed in international reports on its anti-corruption regime, and the increasing pressure of public opinion, the Italian parliament approved the new anti-corruption law.

Design/methodology/approach

The Law was preceded by critiques in the mass media and has been labelled as a token act. To evaluate the effectiveness of the steps undertaken by the Italian Parliament, this paper compares the new law with Italian treaty obligations, the international evaluation reports on the Italian anti-corruption regime elaborated by the OECD and the Council of Europe, the best practice guidelines and other European models (i.e. the UK Bribery Act).

Findings

This comparison gives the author the opportunity not only to identify the strengths and weaknesses of the law but also to suggest efficient solutions that the Italian legislator could have adopted.

Originality/value

So far, this is the only analysis in English of the changes introduced in the Italian anti-corruption regime in 2012. Several international colleagues and practitioners have asked the author about the new regime and it was therefore deemed appropriate to address the issue in an academic article.

Details

Journal of Financial Crime, vol. 21 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 6 April 2012

Gabriella Opromolla

The purpose of this paper is to analyze the compatibility of Islamic banking with the Italian banking system, to report what Italian legislators are currently doing to accommodate…

7140

Abstract

Purpose

The purpose of this paper is to analyze the compatibility of Islamic banking with the Italian banking system, to report what Italian legislators are currently doing to accommodate Islamic finance in the Italian banking system, and to explore solutions to the obstacles that have been identified.

Design/methodology/approach

The paper provides background on the Italian banking system as it works within the European Union (EU); shows some analogies between ethical and Islamic banking; traces the development of Islamic finance; explains the principles of Islamic finance and their impact on common transactions; describes the development of the Islamic finance industry; and analyzes the compatibility of Islamic finance with the Italian banking system.

Findings

Although Italy offers a fertile and flexible legal environment, dedicated banking laws and regulations and, consequently, Islamic banks have not yet been established in Italy. Further research is needed on how to reconcile Islamic banking with EU regulations and the Italian banking system.

Originality/value

The paper presents practical analysis from an experienced Italian financial services lawyer.

Details

Journal of Investment Compliance, vol. 13 no. 1
Type: Research Article
ISSN: 1528-5812

Keywords

Book part
Publication date: 28 February 2019

Antonello Ciccozzi and Giorgia Decarli

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons behind…

Abstract

This chapter contributes to a corpus of legal–anthropological studies concerning the role of cultural experts in legal institutions. It begins by identifying the reasons behind the fragile collaboration between Italian courts and cultural experts and outlining some of the consequences of this relationship. It then presents a collection of cases involving cultural experts including a focus on the L’Aquila trial recounted from first-hand experience by Antonello Ciccozzi, the anthropologist who acted as expert consultant. The conclusions attempt to summarize the “state of the art” of cultural expertise in Italian courts today and call for greater collaboration between law and anthropology as a means of guaranteeing a fair trial.

Details

Cultural Expertise and Socio-Legal Studies
Type: Book
ISBN: 978-1-78769-515-3

Keywords

Article
Publication date: 13 July 2012

Rita Duca

The purpose of this paper is to highlight the situation on the unaccompanied foreign minors in the Italian legal system, paying special attention to the Lampedusa humanitarian…

432

Abstract

Purpose

The purpose of this paper is to highlight the situation on the unaccompanied foreign minors in the Italian legal system, paying special attention to the Lampedusa humanitarian emergency in 2011.

Design/methodology/approach

The legal treatment of these subjects is on the borderline between two distinct sets of laws: those for minors, based on principles of protection and support; and those for immigrants based on public security and therefore inspired by principles of control and defense. For this reason the question of the legal treatment of unaccompanied foreign minors is a decidedly complex matter because it requires the assumption of a clear responsibility on the part of the host State that, in accordance with international conventions, must provide for the welfare of a child by ensuring a healthy development and securing their fundamental rights.

Findings

The paper examines the legal measures regulating the status of unaccompanied foreign minors in the Italian legal system, in order to understand if they are efficient in giving protection and offering integration to these minors.

Originality/value

The paper offers insights into the most vulnerable category of illegal immigrants.

Details

Journal of Financial Crime, vol. 19 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 8 March 2022

Katsiaryna Bahamazava and Stanley Reznik

In the age of DarkNetMarkets proliferation, combatting money laundering has become even more complicated. Constantly evolving technologies add a new layer of difficulty to already…

Abstract

Purpose

In the age of DarkNetMarkets proliferation, combatting money laundering has become even more complicated. Constantly evolving technologies add a new layer of difficulty to already intricated schemes of hiding the cryptocurrency’s origin. Considering the latest development of cryptocurrency- and blockchain-related use cases, this study aims to scrutinize Italian and Russian antimoney laundering regulations to understand their preparedness for a new era of laundering possibilities.

Design/methodology/approach

One of the most recommended ways to buy and sell cryptocurrencies for illegal drug trade on DarkNet was discovered using machine learning, i.e. natural language processing and topic modeling. This study compares how current Italian and Russian laws address this technique.

Findings

Despite differences in cryptocurrency regulation, both the Italian Republic and the Russian Federation fall behind on preventing cryptolaundering.

Originality/value

The main contributions of this paper: consideration of noncustodial wallet projects and nonfungible token platforms through the lens of money laundering opportunities, comparison of Italian and Russian antimoney laundering regulations related to cryptocurrency, empirical analysis of the preferred method of trading/exchanging cryptocurrency for DarkNet illegal trade using machine learning techniques and the assessment of how Italian and Russian regulations address these money laundering methods.

Details

Journal of Money Laundering Control, vol. 26 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 January 2013

Gianluca Risaliti and Roberto Verona

This study seeks to examine the influence of the gamut of changes that have taken place in the past 15 years in the world of international football that have permanently…

2801

Abstract

Purpose

This study seeks to examine the influence of the gamut of changes that have taken place in the past 15 years in the world of international football that have permanently transformed football from a game into a real business, while also considering some specific events that have affected Italian football in terms of the valuation of players' registration rights in the financial statements of the leading Italian football clubs throughout the period 1996‐2009.

Design/methodology/approach

The research was conducted taking into account the leading Italian clubs. The clubs considered were those that, in the period examined, qualified at least five times for a place in the Italian Serie A championship which is instrumental to their direct participation, or through the qualifying round, in the Champions League.

Findings

The research shows that questionable window dressing policies, consisting of artificially overestimated values of players' registration rights, aggravated the Italian football crisis that exploded during the 2001/2002 season. However, the origins of this crisis must be ascribed to the inability of Italian teams to control players' wages.

Research limitations/implications

The study concerns only the leading clubs and examines the value of players' registration rights as an aggregate, as it is not always possible to extrapolate from financial statements the values attributed to individual players.

Originality/value

The Italian legal system, unlike others, establishes for corporations, the obligation to recapitalize if losses exceed a certain level. Based on this particular regulation, this research, suggesting a different interpretation of events, identifies the window dressing policies implemented by Italian football clubs during the period in question as behavior designed to evade the obligation to cover losses, and highlights the real purpose of the exceptional measures undertaken by the Italian legislator to save the entire industry.

Details

Accounting, Auditing & Accountability Journal, vol. 26 no. 1
Type: Research Article
ISSN: 0951-3574

Keywords

Open Access
Article
Publication date: 18 March 2020

Livio Corselli

This paper aims to offer a general overview of money transfers in Italy and Europe focussing specifically on the migrant community. This is of particular interest because it is in…

3548

Abstract

Purpose

This paper aims to offer a general overview of money transfers in Italy and Europe focussing specifically on the migrant community. This is of particular interest because it is in that community where money transfers are most prevalent. This shows the money transfer system as a tool that could guarantee the financial inclusion of migrants but at the same time being used in a distorted and unlawful manner.

Design/methodology/approach

After a brief introduction focussed on working principles and legal frameworks, the paper will go deeper in evaluating money transfer data. This data, which comes from various legal authorities, will show the extent to which different migrant communities who reside in Italy are able to carry out illicit activity using money transfers. It will also highlight the existence of legislative inconsistencies through a case by case approach.

Findings

This paper shows the reason why people find it relatively easy to use money transfers to launder money or in a broader sense, take part in other illicit financial operations such as financing terrorism.

Originality/value

This study will examine recent Italian criminal cases concerning the unlawful use of money transfers. This paper is the original study of the author and has not been submitted elsewhere for publication.

Details

Journal of Financial Crime, vol. 30 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

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