Informazione interdittiva «sopravvenuta» e tutela dell’affidamento

[Autom. eng. transl.] The annotated sentence deals in particular with the question of the effects produced by a negative information that occurred concerning the recipient of a public financing already disbursed in whole or in part by the administration. The contribution highlights the orientations of administrative jurisprudence and underlines how the discipline on anti-mafia administrative documentation presents a delicate balance between business freedom and the 'anticipated' contrast to organized crime; this discipline requires rigorous interpretations of its scope of application. The author points out that the sentence in epigraph seems to be placed on this groove. From this point of view, the fight against organized crime is not in itself a suitable element to justify a distortion of the principles of administrative activity and is itself subject to the fundamental principles of the law, even those that govern administrative law. At the same time, the author emphasizes that this balancing, for the same reasons on which it is based, should always be subject to a rigorous assessment of the facts during the preliminary phase. Moreover, in the argumentation of the sentence, the issue of the protection of private custody in public relations emerges, which in the context of the anti-mafia documentation takes on a particular connotation if we consider the reasons of public order at play (ie, the prevention and combating the infiltration of organized crime).