Protection of companies against anti-Mafia interdiction information and adverse Prefectural measures
An anti-Mafia interdiction measure is a decision issued by the Prefect that may have an immediate and significant impact on a company’s business. It may prevent the company from entering into or continuing contracts with public authorities, obtaining concessions, authorisations, grants, public funding or other public benefits, with direct consequences for business continuity and commercial relationships.
Under Legislative Decree 159/2011, anti-Mafia information also covers the possible existence of attempts at Mafia infiltration aimed at influencing the company’s decisions and business direction. Article 84 distinguishes anti-Mafia communication from anti-Mafia information, giving the latter a broader scope than the mere verification of the disqualifying grounds referred to in Article 67. 67.
The effects of adverse anti-Mafia information are particularly serious. Article 94 of Legislative Decree 159/2011 provides that, where a disqualifying ground or an attempted Mafia infiltration is identified, public bodies may not enter into, approve or authorise contracts and subcontracts, nor grant concessions or public benefits.
Avv. Vecce assists companies, corporate entities, consortia and economic operators in assessing anti-Mafia interdiction measures, obtaining access to the case file, reviewing the grounds relied upon by the Prefecture, preparing defence submissions and protecting the company before the competent authorities.
Activities covered
Why it matters
Assessing the effects immediately
An interdiction measure may affect public contracts, authorisations, grants, public funding, registrations and relationships with contracting authorities.
Activating the appropriate protection
Access to the case file, procedural dialogue, judicial challenge and applications for interim relief must be assessed in light of the applicable deadlines and the measure’s impact on the company.
Reconstructing the grounds
It is necessary to verify which elements were relied upon by the Prefecture, including family relationships, shared business interests, personal associations, corporate structures, subcontracts, previous records, commercial contacts or other indicators.
Protecting business continuity
The defence does not concern the measure alone. It also concerns the company’s ability to preserve operations, contractual relationships, employment and business reliability.
FAQ
What is an anti-Mafia interdiction measure?
It is adverse anti-Mafia information based on the alleged existence of disqualifying grounds or attempted Mafia infiltration capable of influencing the company’s decisions and business direction. Anti-Mafia information has a broader scope than anti-Mafia communication because it also includes an assessment of attempted infiltration.
What effects does an anti-Mafia interdiction measure produce?
It may prevent the company from entering into, obtaining approval for or being authorised to perform public contracts and subcontracts. It may also affect the granting or continuation of concessions, authorisations, public funding and other public benefits. Article 94 of Legislative Decree 159/2011 governs the effects of anti-Mafia information issued by the Prefect.
Does an anti-Mafia interdiction measure require a criminal conviction?
No. An anti-Mafia interdiction measure belongs to the system of administrative anti-Mafia prevention and may be based on indicators suggesting a risk of infiltration, even in the absence of a final criminal conviction.
What should be done immediately after an anti-Mafia interdiction measure is served?
The measure, its effects on ongoing relationships, the applicable deadlines, the need to obtain access to the case file and the possibility of applying for interim relief should be assessed immediately. Delayed action may increase the impact on the company’s operations.
Is it possible to obtain access to the case file?
Yes. Access to the case file is often essential to understand the evidence and investigative material relied upon in the measure, assess the available defence arguments and prepare any judicial challenge. The actual scope and limits of access must be assessed in the specific case.
Can an anti-Mafia interdiction measure be challenged?
Yes. The measure may be challenged before the administrative court. Where its effects have a serious and immediate impact on the company’s business, it may also be appropriate to apply for interim relief.
What is collaborative prevention?
Collaborative prevention is a measure provided for by Article 94-bis of Legislative Decree 159/2011 in cases where attempted Mafia infiltration is linked to occasional facilitation. In such circumstances, the Prefect may impose administrative measures aimed at restoring the company to lawful operating conditions.
Does an anti-Mafia interdiction measure automatically block all of the company’s relationships?
Not necessarily in the same way. Its effects must be assessed relationship by relationship. Public contracts, subcontracts, authorisations, grants, registrations, concessions, related private-sector relationships and overall business continuity may be affected differently.
Request a free case assessment
I will reply as soon as possible.
- +39 347 608 8424
