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Analysis of the Council of State Ruling No. 8675 of 2024: Mafia Infiltration and White List

The ruling No. 8675 of October 31, 2024, by the Council of State represents an important precedent in the regulation of mafia infiltration within businesses. In this case, the company -OMISSIS- challenged an anti-mafia interdiction measure that denied its inclusion in the white list, highlighting a series of issues related to the criminal records of its partners and alleged associations with individuals deemed inappropriate.

The Regulatory and Jurisprudential Context

The anti-mafia code, particularly Article 84 of Legislative Decree No. 159 of 2011, establishes that for the adoption of an interdiction measure, proof of an unlawful act is not necessary; rather, a set of serious, precise, and consistent indications suggesting a risk of mafia infiltration is sufficient. The ruling in question emphasizes the importance of a comprehensive analysis of the evidence presented, rather than an atomistic and isolated assessment.

The risk of mafia infiltration must be evaluated according to an inductive, probabilistic reasoning that does not require achieving a level of certainty beyond a reasonable doubt.

The Company's Arguments and the Council of State's Decision

The company contested the validity of the measure, arguing that the evidence presented was outdated and no longer relevant. However, the Council of State pointed out that the passage of time, in itself, does not eliminate the indicative value of the facts unless supported by elements of discontinuity. In particular, the panel deemed that the criminal records, although dated, together with new evidence of associations with individuals with criminal backgrounds, justified the maintenance of the interdiction.

  • The indicative framework must be evaluated in a holistic manner;
  • The mere passage of time is insufficient to nullify the risk of infiltration;
  • Current associations with inappropriate individuals are decisive.

Conclusions

The ruling No. 8675 of 2024 is part of a consolidated jurisprudential framework that emphasizes the prevention of mafia infiltration in the entrepreneurial fabric. It reaffirms that the decisions of prefectural authorities must be supported by a careful and contextualized analysis of the available evidence, reflecting the principles of reasonableness and proportionality. Companies must be aware that even historical elements can significantly impact their reputation and ability to operate in the market.