Effetti “inibitori” della interdittiva antimafia e bilanciamento fra principi costituzionali: alcune questioni di legittimità dedotte in una recente ordinanza di rimessione alla Consulta

Abstract

Moving from a very recent order of submission to the Italian Constitutional Court, the paper analyses some of the critical profiles that – in the last years – are related to the institute if the s.c. “interdittiva antimafia” (i.e. “anti-mafia interdictive), among the wider discipline provided against the organized crime. Regarding the parameters evoked by the Administrative Judge, it is intended to reflect on the delicate balancing procedure between rights and liberties that – equally guaranteed by the Constitution – inevitably collide as the aforementioned institute is enforced and that require, then, a particular care by the proceeding Public Administration: the private economic initiative freedom, the right to work, the guarantee of a fair trial for the defense of own rights and the guarantee of public order, security and socio-economical legality. This, in order to focus on the normative and jurisprudential addresses that may be followed to safeguard the human dignity – as a primary interest – even in the matter of constraining the phenomenon of “mafia”.