Brevi osservazioni in tema di sindacato del Giudice Amministrativo sulle informazioni antimafia interdittive

Abstract

This brief study aims to shed light on the perimeter of the control exercised by the administrative judge over ‘negative anti-Mafia information’. Unlike ‘anti-Mafia communication’, ‘anti-Mafia information’ is the expression of an administrative activity that is not fully bound. From this it follows that the judicial review over ‘negative anti-Mafia information’ presents the well-known problematic profiles typical of the review over administrative acts which are an expression of the power of choice of the Public Administration. The need to wonder about the perimeter of the control of the adiministrative judge appears particularly important in the case of ‘negative anti-Mafiainformation’, since this act can have a very significant impact on the legal sphere of the recipient, even remarkably damaging constitutionally guaranteed rights. This survey starts from the examination of positive law, which, due to the close link between ‘anti- Mafia information’ and ‘anti-Mafia communication’, concerns the legislation on ‘anti- Mafia documentation’ as a whole; we then attempt to clarify how judicial control over‘negative anti-Mafia information’ is configured in the case-law; finally, we try to offer some reconstructive ideas, drawing deductively from the general theory of law, from the general principles of the legal system and from legal logic.