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PROGETTO ICARO ABSTRACT OF THE INTEGRATED MODEL AND GUIDELINES This research is the result of the collaboration of the partners of the project “ICARO”. It has been coordinated by: Nando Dalla chiesa Stefania Pellegrini Research collaborators: Stefania Balzarotti, Alessandro Brazzini, Federica Cabras, Anna Catasta, Eleonora Del Fabbro, Filomena De Matteis, Jole Garuti, Luigi Lusenti, Ilaria Meli, Francesco Memo, Laura Miani, Vincenzo Moriello, Pierpaolo Romani, Alberto Rotondo, Luciano Silvestri, Angelo Urgo, Luca Tripeni Zanforlin Final revision by: Laura Miani Luigi Lusenti Stefania Balzarotti SUMMARY 1. INTRODUCTION: HISTORY AND MEMORY 11 2. THE INTEGRATED THEORETICAL MODEL 17 2.1 THE COLLECTIVE ENTREPRENEUR 17 2.2 THE REFERENCE THEORETICAL FRAMEWORK 29 3. GUIDELINES AND RECOMMENDATIONS 31 3.1 RECOMMENDATIONS TO THE COURT RECEIVER AND THE COURT– PREVENTIVE ORDERS SECTION 31 3.1.1 Regulatory framework and scope of application 31 3.1.2 Recommendations for the Court Receiver and the Judicial Authority having jurisdiction in the first phase 32 3.1.2.1 Instructions for the Judicial Authority (Court in relation to preventive measures or Examining Judge for criminal prosecution) 32 3.1.2.2 Instructions for the Court Receiver 37 3.1.3 Common lines 47 3.2 GUIDELINES FOR INSTITUTIONAL ACTORS (LOCAL AUTHORITIES, LAW ENFORCEMENT, POLICE, FINANCIAL POLICE, FORESTRY POLICE, AGENCY FOR CONFISCATED PROPERTY) 47 3.2.1 Role of the actors in the process 47 3.2.2 Recommendations on the management of relations with the other actors involved in the process 49 3.2.3 Recommendations on the assessment of risk in the activities tasked to actors 51 3.2.4 Recommendations on how to evaluate and seize improvement opportunities 51 3.2.5 Examples of good practice 51 3.3 GUIDELINES FOR THE PROFESSIONAL WORK (WORKERS, UNIONS, MANAGERS) 54 3.3.1 Workers 54 3.3.1.1 Actual and potential role of workers in the process 54 3.3.1.2 Recommendations on the management of relations with the other actors involved 55 3.3.1.3 Recommendations for the assessment of risk in the activities tasked to actors 56 3.3.1.4 Recommendations on how to approach the identified risk 57 3.3.1.5 Recommendations for assessing and seizing opportunities for improvement 57 3.3.1.6 Examples of good practices 58 3.3.2 Trade unions 58 3.3.2.1 Actual and potential role of trade unions in the process 58 3.3.2.2 Recommendations for the management of relations with the other actors involved 62 3.3.2.3 Recommendations for the assessment of risk in the activities tasked to actors 63 3.3.2.4 Recommendations on how to approach the identified risk 64 3.3.2.5 Recommendations on how to evaluate and seize improvement opportunities 64 3.3.2.6 Examples of good practices 65 3.3.3 Managers 66 3.3.3.1 Actual and potential role of managers in the process 66 3.3.3.2 Recommendations for the management of relations with the other actors involved 67 3.3.3.3 Recommendations for the assessment of risk in the activities tasked to actors 67 3.3.3.4 Recommendations on how to approach the identified risk 68 3.3.3.5 Recommendations on how to evaluate and seize improvement opportunities 69 3.3.3.6 Examples of good practices 71 3.4 GUIDELINES FOR THE ECONOMIC OPERATORS (CREDIT INSTITUTIONS, BANKING FOUNDATIONS, BUSINESS ASSOCIATIONS, ENTREPRENEURS AND COOPERATIVES) 74 3.4.1 Lending institutions 74 3.4.1.1 Role of the actors in problem definition and process 74 3.4.1.2 Recommendations to lenders in order to address the identified issues 75 3.4.1.3 Tax and economic recommendations on credit to confiscated businesses 79 3.4.1.4 Examples of good practices 81 3.4.2 Banking foundations 84 3.4.2.1 Role of the actor in the process 84 3.4.2.2 Examples of good practices 86 3.4.3 Professional, employers and cooperative associations 87 3.4.3.1 Role of the actor in the process 87 3.4.3.2 Examples of good practices 88 3.5 GUIDELINES FOR THE ORGANIZED CIVIL SOCIETY 91 3.5.1 Role of the actors in the process 91 3.5.2 Recommendations for the management of relations with the other actors involved in the process 95 3.5.2.1 Recommendation in the management of relation with the other actors involved in the prevention process 96 3.5.2.2 Recommendations for the management of relations with the other actors involved in the seizure phase 96 3.5.3 Recommendations on risk assessment in the activities tasked to actors 97 3.5.4 Recommendations on how to approach the identified risk 98 3.5.5 Recommendations on how to evaluate and seize improvement opportunities 99 3.5.6 Examples of good practices 100 3.6 GUIDELINES FOR LEGISLATORS AND POLICY MAKER 100 6. CONCLUSIONS 105 1. INTRODUCTION: HISTORY AND MEMORY It is known that Mafia has decades of existence in Italy, almost centuries, until nowadays in many countries of the world. In order to fight against mafia spread and infiltration into the legal economy affecting honest companies, workers and citizens’ lives, it is mainly needed to understand what methods are the most efficient to tackle their power and spread. In 1982, fight actions against mafia organizations became really efficient thanks to Parliamentary Pio La Torre. He was affected by Sicilian Mafia and introduced a Bill characterized by two main elements: the assumption Mafia is an unitary criminal organization and the awareness that mafia men are more afraid of losing their assets rather than jail. La Torre had realized the ongoing transformation inside Mafia and its expansion in the international arena, that is the globalization of criminal activities. Afterwards his brutally murdered, the Italian Government sent to Palermo General Dalla Chiesa, who in the previous years was able to defeat the terrorists named Brigate rosse (Red Brigades) through efficient solutions. For this reason, he was given the task to defeat mafia as well. However, Mafia did not let him time to pursue his task. His murdered arose a spread feeling of indignation such as to induce urgently parliamentarians to transform into law the Bill elaborated by Pio La Torre. It was the Law 646/82, called Law La Torre/Rognoni, by the names of its promoter and of the Minister of Domestic Affairs, Virginio Rognoni. By law 646/82, the article 416 bis was added in the Penal Code, marking a revolutionary breakthrough in the fighting against the mafias, considering the mafia association a crime as such. As the law 12 PROGETTO ICARO states: “The association is a mafia type whenever its members take advantage from deploying the strength of intimidation related to mafia- type organization, subjection condition and code of silence, deriving from committing crimes, with the purpose of obtaining directly or not the management or command of economic activities, concessions, authorization, tender and public services or make profits as well as taking unfair advantages for oneself or for others”. Hence, in 1986 it was possible for judges Giovanni Falcone and Paolo Borsellino, under the guidance of Antonio Caponnetto, to prosecute 475 bosses. The judgments of the “maxi-trial” were 19 life sentences and more than two thousand six hundred years in jail. After the judgments were confirmed by the Italian Supreme Court, the reaction of Corleonesi was merciless: they killed their main enemies Giovanni Falcone and Paolo Borsellino, but also their friends Salvo Lima firstly and Ignazio Salvo secondly, as they were not able to avoid the confirmatory verdict of the Supreme Court. During this Maxi-trial (Maxiprocesso) it was applied for the first time the so called norma sui patrimoni as required by the Rognoni-La Torre law, that is the confiscation of mafia assets. Indeed the article 416 bis states: It is always mandatory the confiscation of the convict’s assets that were used or made available for committing the crime, as well as all those things which are the price, product, profit of the crime or which constitute its use. Such measure obviously triggered when the convict is unable to demonstrate the legitimacy of the possession of the property at issue. After the massacres of Capaci and via D’Amelio, a rebellion movement against mafia death culture started to spread around the country. It became clear that not only magistrates and law enforcement should fight and repress the Mafia, but it is equally necessary the active participation of citizens - because the achievement of legality coincides with the fulfillment of democracy. In 1995 it was established “Libera, associations, names and numbers Abstract of the integrated model and guidelines 13 against mafias”: an association aimed to support the anti-mafia activities and to spread in the country a culture of legality. This was the way social anti-mafia was born. It would have reunited almost 1500 groups such as national and local associations, schools and citizens. The first goal achieved by Libera was the collection of signatures in support of the Bill presented by the Parliamentary Giuseppe Di Lello for the social re-use of assets seized to the mafia clans: it was the perfection of La Torre’s idea. More than a million of citizens all over Italy signed to support that idea, which became the Law 109/96 in March 1996. A new season of fighting against Mafia was opened since the confiscated assets could remain State property for judicial, public order or civil protection purposes, or they could be moved to municipalities for institutional or social purposes and/or to meet the needs of the community.