Interpretazioni e contraddizioni in tema di documentazione antimafia

Translated title of the contribution: [Autom. eng. transl.] Interpretations and contradictions on the subject of anti-mafia documentation

Giovanni D'Angelo*

*Corresponding author

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The ruling of the plenary meeting of the Council of State addresses a major issue for the interpretation of art. 92, 3rd paragraph, and 94, 2nd paragraph, leg. 15 September 2011, n. 159 (anti-mafia code) on the effects of anti-mafia information so-called supervening. Pursuant to these provisions, after the deadline established by law for the issuance of the anti-mafia measure or, in urgent cases, even immediately after the request, the administrations take action even in the absence of information from the prefect. If the information arrives, the administrations "revoke the authorizations and concessions or withdraw from the contracts, without prejudice to the payment of the value of the works already carried out and the reimbursement of the expenses incurred for the execution of the remainder, within the limits of the benefits achieved" (art.92, 3rd paragraph and art.94, 2nd paragraph, anti-mafia code). The plenary meeting was called upon to settle an interpretative conflict about the effects of a negative information that occurred, which concerns the recipient of a public grant already paid in whole or in part by the administration. The contribution comments, also in a critical key, the solutions elaborated by the sentence and highlights how, in relation to fundamental profiles for the relationship with the private sector, the provisions on anti-mafia documentation present gaps and contradictions that cannot be overcome in interpretation.
Translated title of the contribution[Autom. eng. transl.] Interpretations and contradictions on the subject of anti-mafia documentation
Original languageItalian
Pages (from-to)170-175
Number of pages6
JournalIL FORO ITALIANO
Publication statusPublished - 2021

Keywords

  • documentazione antimafia

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