In the small municipality of San Biagio Platania COVID-19 welfare denial case has raised significant legal questions.
In 2021, Ms NV, despite having all the necessary requirements, was refused access to the aid provided due to an anti-mafia information issued by the Prefecture of Agrigento.
Context of the Case
The ordinance of the Head of Civil Protection of March 2020 provided for specific measures to support citizens economically affected by the pandemic.
However, Ms NV encountered an unexpected obstacle when the Prefecture of Agrigento, responding to a request from the Municipality, issued an anti-mafia information due to the applicant’s family ties to an individual previously convicted of mafia association.
Legal action
Faced with this situation, Ms NV decided to contest the decision, relying on the legal experience of the lawyer Girolamo Rubino.
The latter argued that, given the purely welfare nature of the aid, no anti-mafia verification was necessary, given that Ms NV did not carry out entrepreneurial activities.
Court decision
The Regional Administrative Court (TAR) of Sicily – Palermo initially accepted a precautionary request, suspending the effectiveness of the anti-mafia information. Subsequently, in a sentence issued on 7 June 2024, the TAR clarified that the rules on anti-mafia investigations apply exclusively to economic operators and not to private citizens without entrepreneurial activities.
Outcome and Implications
Thanks to the intervention of the lawyer Rubino, the TAR annulled the anti-mafia interdiction, thus allowing Mrs NV to access welfare aid. This case not only restored Ms NV’s right to aid, but also established an important legal precedent regarding the application of anti-mafia information in non-economic contexts.
Conclusion
The case of San Biagio Platani highlights the complexity of the intersections between law, economics and civil rights in times of crisis. While the community breathes relief at the just outcome of the case, questions remain about how such regulations are applied and interpreted in the broader context of justice and social care.
