Il giudice border guard nei «grandi spazi»: prospettive critiche intorno alla responsabilità degli enti

The Author addresses the geographical dimension of domestic law («d.lgs. n. 231/2001») with a view to its transformations, triggered by economic globalization, according to the ways in which states define their jurisdictional boundaries. Domestic courts, especially in the context of regulating the economic activity of TNCs, have effectively assumed the role of “border guards”: it is judges who create and recreate the territorial state in a be-fitting way. Starting from this critical perspective, the Author discusses critically the national case-law concerning extraterritorial applicability of «d.lgs. n. 231/2001». In the end, the Author suggests some proposals to amend art. 4, in order to conceive an autonomous legal basis for asserting.