Luci e ombre del procedimento di aggiornamento in tema di interdittiva antimafia

Abstract

The article tends to highlight the obscure profiles of the updating process regarding the field of the s.c. interdittiva antimafia. In analyzing the reason underlying the most relevant jurisprudential interpretative approaches on such matter, specific attention is paid: to the Pergect's power-duty to provide under a party request; to the nature; either discretionary or tied, of the Perfect activity and to the need of having a clear provision clarifying the relevant elements ex art. 91, par. 5, of the Anti Mafe Code to the enterprises; finally, to the uncertainty of the term for the conclusion of such procedure and to the inexhaustible nature of the Perfect power. The reflections carried out testify the fact that the purpose behind the tool in question is an end in itself, due - probably - to the ambiguites typical of the regulatory scenario, to the excessively long time-frame, to the complexity of the cases and to the delicacy of the sensitive interests involved.