The new Italian Anti-Mafia Code (2 out of 3)

“Corrotti” like Mafiosi


By Francesco Clementucci 
Published on Tuesday March 27, 2018


Transparency in assignments of court appointed directors: They must be chosen among the members of an official roster (the « albo« ) according to transparency rules that will ensure the rotation of the assignments. The Minister of Justice will have to identify appointment criteria that, inter alia, take into account the number of nominations already in place (which may not exceed 3).

Administrators of confiscated companies must be selected among all members of a roster of business management experts. If the management of seized asset is particularly complex, the court may appoint more judicial directors. In the seizure of companies of particular socio-economic interest, the Minister may appoint experts registered in a roster maintained by its employees or by Invitalia SpA (a public company to promote investments). In that case, the assignment will not be remunerated.

Stop to nepotism in appointmentsIt will no longer be possible to accept the office of judge, co-adjudicator or direct co-worker for the spouse, parents, relatives, those living in the same household or the regular associates of the appointing magistrate.

Certainty of duration for seized companies to recover legality: Within 3 months from the appointment, the court administrator will have to present a report that demonstrates the concrete chances of continuing the activity of the company by attaching a plan and by listing creditors and employees. Without this report, the enterprise will be liquidated or cease business, period.

Economic support for qualifying confiscated companies: Companies seized for the continuation of their business can rely on specific sections of the Guarantee Fund (3 million euros per year) and the Sustainable Growth Fund (7 million euros per year) established by the 2016 Stability Law. The government is then mandated to identify other measures in support of employment. In order to promote productive continuity, permanent provincial groupings will be set up at the prefecture with representatives of the authorities, employers as well as workers’ associations; free technical support will be provided for entrepreneurs in the sector who will, after a year of collaboration, acquire a pre-emption right in case of sale or rent of the company.

(2 of 3 – To be continued)



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