Il congelamento dei beni

Abstract

The paper proposes a critical reflection on the restrictive measures, of supranational matrix, which Italy has implemented over time and made particularly timely by the well-known events related to the Russian-Ukrainian conflict. The reconstructive thesis develops around the d.lgs. 109 of 2007 with which the institution of freezing was introduced in our legal system. The focus of the investigation concerns the legal “nature” that the restrictive measure has in our country, focusing on all the different nuances that it may take and on the difficulties in identifying a reference model to which this measure refers. The Author then proceeds to an analysis of the different safeguards that the legal system places as a guarantee of the subjects drawn from the freezing, pointing out that the current remedies do not seem to reach the thresholds of effectiveness constitutionally provided.