About the Need to Redefine the Concept of Illegal Trading; A Case Analysis and A De Lege Ferenda Proposal

The paper aims to analyse the links between various networks and the way they can interact, particularly where networks belong to different stakeholders, involving also State authority. The case analysis argues on the idea that each restructuring process especially where it targets state-controlled institution needs to incorporate measures to install good corporate governance and management efforts toward open communication and transparency, along with effective quantitative risk analysis and compliance management when assessing an offence which may be deemed criminal in its European autonomous meaning. The methodology used comprised a comparative study and historical and logical research tools but also qualitative research such as interviews with the subject company and benchmarking the result to similar cases. The results of the paper point out the relevance of the rules and principles underlying the restructuring process of a public authority, effects and interaction between institutions and the need for clearer and more transparent legal framework, particularly where sanctions can be combined in a manner with negative impact on offender’s ability to continue to operate.