With sentence n.109 of 17.7.2025 the Constitutional Court, deciding on the ordinance of remission of the Tar of Reggio Calabria, declared the constitutional illegitimacy of art. 34 bis of the anti -mafia code in the part in which it does not provide that the suspension of the anti -mafia interdictive to the prefecture’s decision on the request for updating is lasted at the outcome of judicial control.
“It is a very important decision – commented the lawyer. Oreste Morcavallo, A well -known Calabrian administrative and constitutionalist who has long been writing about the matter – not only because he fills a unmotivated and harmful legislative void, but because in the motivation he traces a significant legislative -giurismprudential excursus on the issue of judicial control.
The judgment of the Consulta is located in a legislative framework that has modified the anti -mafia code, with the contradictory and alternative measures to the interdictive, which has still recently approved the rule of the contract code on the effects of control over the current contracts.
A positive sentence for all companies subject to judicial control, which benefit from the suspension of the interdictive until the prefecture updates the sanctioning measure “.