LO SCIOGLIMENTO DEI CONSIGLI COMUNALI PER INFILTRAZIONI E CONDIZIONAMENTO DI TIPO MAFIOSO. PROBLEMI E PROSPETTIVE.

The topic of this thesis is the dissolution of Italian Municipal Councils due to organized crime infiltration. It was introduced into Italian legislation in 1991 as a specific legal remedy, following serious episodes of subjugation of local councils to the pressure and interests of mafia organizations. The first section of the thesis will analyse the topic from a developmental perspective, placing it in its historical legal context. The law is currently laid down in Art. 143 d.lgs. n. 267/2000 “Consolidated Law on the organization of local authorities” and was established to preserve fundamental values and constitutional principles such as public order and security, legality, good performance and impartiality of public administration. The procedure leads to the dissolution of the Municipal Council and has a profound effect on local democracy. Since its introduction in 1991, its interpretation and application has been controversial. The thesis will therefore analyze the debate about its constitutional legitimacy and legal framework by exploring juridical opinions and the constitutional and administrative caselaw on the subject. It also examines the typical causes leading up to the disbanding of Municipal Councils. The law is also aimed at administrative prevention, operating within the supervisory system for local authorities in order to preserve best practices in public administration. The thesis will explore the legal framework of the administrative prevention of corruption from the perspective of anti-mafia strategy, given that methods of corruption are frequently used by the mafia as a means of infiltrating local councils. The next section deals with the post-dissolution phase, particularly the management of the Special Commissions that replace local councils: there are many impediments to the successful and lasting impact of their work, such as the inadequate legal instruments at their disposal, as well as the complexity of the dissolved administrations. A crucial aspect of the thesis involves the way that organized crime has moved its operations outside traditional territories. In recent years, this has led to a radical increase in the number of local authorities being disbanded in the central and northern areas of Italy. The thesis will analyse these changes from a diachronic and territorial perspective. Overall, the thesis argues that the current debate on the legislative proposals about the revision of Art. 143 suggests that the law is still adequate but a more successful and definitive solution to the problem of mafia infiltration in local administration can only involve a much more profound cultural evolution of Italian society.