The headquarters of the Calabria TAR
April 30, 2024 1:10 pm
The TAR of Calabria has canceled an anti-mafia interdiction issued by the Prefecture of Crotone against a company with registered office in Cutro and operational headquarters in Emilia Romagna, enhancing the principle that the presence of contraindicated family relationships is not sufficient to establish the prohibition on contracting with the public administration.
The TAR accepted, in this sense, the appeal proposed by the lawyer Gaetano Liperoti clarifying that “the mere family relationship with subjects found to belong to organized crime is not sufficient, in itself, to account for the infiltration attempt – since the influence of the company cannot be automatically presumed – but it is necessary that the anti-mafia information indicates , in addition to the family relationship, also further elements from which possible connections can reasonably be deduced between the subjects on whose behalf the prefectural authority has identified the prejudices and the business carried out by their relatives”.
In the present case, however, the interdiction was issued on the basis of a relationship of affinity and on the consideration that the operational headquarters was located in a territory, the Emilian one, subject to the operational radius of the Cutrese gang.
“The anti-mafia interdictions – comments the lawyer Gaetano Liperoti – are a valid prevention tool aimed at avoiding the risk that the public administration could be infiltrated by criminal gangs; given the significant consequences that these measures cause for the recipient companies, it has been stated in jurisprudence that contraindicated family relationships cannot be sufficient to deduce the existence of a risk of mafia influence”.
The sentence, filed on 29 April 2024, was issued by the First Section of the TAR of Catanzaro, with a panel composed of the president Giancarlo Pennetti and the judges Arturo Levato (author) and Domenico Gaglioti.
