Disciplina e prassi applicativa delle interdittive antimafia: criticità (anche) costituzionali e convenzionali

Abstract

The discipline of anti-mafia information has been at the center of a lively doctrinal debate for years (as well as of a substantial jurisdictional dispute) that involves transversally questions of administrative, constitutional and criminal law. Among the crucial issues (from a systematic point of view) that the legal regime of anti-mafia interdictions poses, there is that of the search for a fair balance between the need to fight organized crime (to which the anti-mafia interdiction measures are functional, but also the preventive measures regulated in the same regulatory complex) and the need to protect the constitutional freedom of enterprise and economic initiative and the dignity and fundamental rights of the person, whenever the interdictory measure affects the ability to support the individual entrepreneur, his family members or his employees.