Practice area

Anti-mafia documentation and interdictions

A prefectural anti-mafia interdiction can stop a healthy business in a day: public contracts, permits, dealings with public bodies. Protection exists, but it runs through very short deadlines and instruments that must be coordinated with precision, from the challenge before the TAR to judicial control.

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The situations

Anti-mafia documentation

Anti-mafia information and communications (Legislative Decree 159/2011): requirements, circumstantial elements, attempted infiltration.
The procedural hearing before the Prefecture, after the 2021 reform: submissions and hearings before the measure is adopted.
White lists and registers: enrolments, refusals and removals.
Review of the interdiction (Article 91(5)): reassessment when the grounds cease to exist.
Collaborative prevention (Article 94-bis): administrative supervision measures as an alternative to interdiction.

The remedies

Two tracks to coordinate

Challenge before the TAR, with an application for interim relief: the first front, within the statutory deadlines.
Judicial control under Article 34-bis of Legislative Decree 159/2011: admission suspends the effects of the interdiction and allows the company to keep operating under supervision.
Governance and self-cleaning measures preparing the review.
Coordinating the two tracks: the sequence between the administrative court and the prevention court often decides the survival of the business.

In this field time is the substance: an interdiction takes effect immediately, and every week without a strategy weighs on contracts, employees and bank credit.

Why the firm

The business facing suspicion

Interdiction measures strike on the ground the firm practises every day: procurement, dealings with public bodies, prefectural measures. An effective defence requires reading the file as the administrative court reads it and, at the same time, building the remediation path the prevention court expects: two languages, one strategy.