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

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 exclusion measure that denied its registration in the white list, highlighting a series of issues related to the criminal records of its partners and alleged associations with contraindicated individuals.

Regulatory and Jurisprudential Context

The anti-mafia code, particularly art. 84 of Legislative Decree no. 159 of 2011, establishes that for the adoption of an exclusion measure, proof of an unlawful act is not necessary, but a set of serious, precise, and consistent indications suggesting a risk of mafia infiltration is sufficient. The ruling under examination emphasizes the importance of a comprehensive analysis of the presented evidence, rather than an atomistic and isolated evaluation.

The risk of mafia infiltration must be assessed through inductive, probabilistic reasoning, which does not require reaching a level of certainty beyond reasonable doubt.

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

The company contested the validity of the measure, arguing that the adduced evidence was outdated and no longer current. However, the Council of State reiterated that the passage of time, in itself, does not eliminate the indicative nature of the facts, unless supported by elements of discontinuity. In particular, the Panel held that the criminal records, although dated, together with new evidence of associations with individuals with prior convictions, justified maintaining the exclusion.

• The evidentiary framework must be assessed globally;
• The mere passage of time is not sufficient to nullify the risk of infiltration;
• Current associations with contraindicated individuals are decisive.

Conclusions

Ruling no. 8675 of 2024 fits into a consolidated jurisprudential framework that emphasizes the prevention of mafia infiltration in the business fabric. It reiterates that the decisions of prefectural authorities must be supported by a careful and contextualized analysis of the available evidence, reflecting the principle of reasonableness and proportionality. Companies must be aware that even historical elements can significantly impact their reputation and ability to operate in the market.