Il deficit di tipicità delle interdittive antimafia

Abstract

In 2019, according to the report drawn up by the National Anti-Corruption Authority, they were banned 2044 Italian companies, of which 1458 based in the Southern Regions. An alarming fact which, if on the one hand, would seem acceptable to prevent the infiltration of associations mafia groups in the national economy in the public procurement system and in the loans disbursed by the State; on the other hand, it could reasonably be understood due to the very broad regulatory framework and articulated that characterizes the anti-mafia documentation system. The present work starting from the motivation system of the sentence of 5 September 2019, n. 6105 aims to investigate, first of all, the lack of typicality of the art. 84, paragraph 4, lett. d) and e), Legislative Decree 6 September 2011, no. 159 and to re-evaluate the application of art. 7 ss., Law 7 August 1990, n. 241, in the matter under consideration. Secondly, it will reflect on the possible effectiveness of the principle of taxability substantive and procedural, in the presence of a regulatory provision, such as art. 84, paragraph 4, lett. d) and e), Legislative Decree no. 159/2011, without a so-called class premise.