Genoa – The TAR of Liguria accepted the appeal of a company by canceling the anti-mafia interdicting acts issued by the Prefect of Genoa and by the National Anti-Corruption Authority (Anac). The company had challenged the refusal to update the outcome of the anti-mafia interdicting information at the time decided by the Prefect of the Ligurian capital, on the basis of the “existence of the danger of infiltration by organized crime”, which had determined the registration of the company in the Anac register.
“With the urgent provisions for the implementation of the National Recovery and Resilience Plan (Pnrr) and for the prevention of mafia infiltrations, the legislator has introduced significant changes to the discipline of the anti-mafia information release procedureintroducing new procedures relating to the Anti-Mafia legislative decree ”, explains the TAR in the ruling that upheld the company’s appeal with the defeat of the Prefecture and Anac.
The legislator instead decided to expressly reiterate the need for a cross-examination procedure also in the matter of anti-mafia protection, even reinforcing it with the provision of the hearing of the interested party, if he requests it, and admitting that it is possible to disregard these obligations only in case of urgency: “In the present case, therefore, the Prefecture will have to renew the cross-examination with the applicant – the sentence reads – indicating the symptomatic elements of the persistence of the risk of mafia infiltration and allowing it to present written observations, possibly accompanied by documents, and request a hearing, to take a position on them, then summarizing in the motivation of the final provision the reasons for the final determination “.
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