Abstract
[Autom. eng. transl.] The opinion of the Council of State, annotated by the author, is pronounced on the scope of application of the art. 89-bis d.leg. 6 September 2011 n. 159 (so-called anti-mafia code), introduced by art. 2, paragraph 1, lett. d), d.leg. 13 October 2014 n. 153. According to the Council of State the art. 89-bis is interpreted in the sense that the anti-mafia information produces the same effects as the anti-mafia communication even in the hypothesis of purely authorization measures. The author focuses in particular on the arguments, which are not explained in the opinion, which support the conclusion supported by the consultative section of the State Council. These are arguments that can be deduced from a systematic reading of the anti-mafia code and the "corrective actions" that have taken place over the past five years. According to the author, two aspects in particular deserve to be kept separate, because they reflect at least partially different problems: the interdictive effects of the anti-mafia provision referred to in art. 89 bis issued before the issue of administrative authorization; the interdictive effects of the same provision issued after the administrative authorization was issued.
Translated title of the contribution | [Autom. eng. transl.] Anti-mafia documentation and purely authorization measures |
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Original language | Italian |
Pages (from-to) | 214-217 |
Number of pages | 4 |
Journal | IL FORO ITALIANO |
Publication status | Published - 2016 |
Keywords
- documentazione antimafia