Anti-mafia interdiction, intra-procedural contradictory and deficit of typicality: constitutional profiles

Abstract

The contribution addresses the profiles of tension between the anti-mafia interdictory measure and the constitutional provisions, focusing the analysis on two specific aspects: the first, procedural, referable to the adversarial process in the adoption of the measure; the second, substantial, looks at the so-called 'generic anti-mafia interdiction' pursuant to art. 84, paragraph 4, letter. d) and e), d. lgs. n. 159/2011, in order to test its compatibility with the constitutional system of protections, also having regard, for both profiles, to administrative and constitutional jurisprudence.