The Italian Regulations on Confiscated Assets Rehabilitation: Issues and Perspectives in Public Law

Over the last few years, multiple legislative interventions have contributed to the definition, at state level, of a regulatory framework aimed at preventing and punishing the phenomenon of organised crime. Legislators, also borrowing from the investigative-judicial approach, have paid special attention to the economic side of illegally accumulated capital and focused on assets which, given certain conditions, must be seized and confiscated. Thus, a set of criminal and administrative procedures has been defined which, according to legal theory and practice, still presents a series of issues related to balancing constitutional rights and harmonising the various applicable legal measures. The purpose of this work is to analyse, through a theoretical approach, the administrative profiles of the allocation of confiscated real estate assets within the circular process of regulation which will be considered not only at national and European level (also observing the regulations and experience of other countries), but also from the judicial, administrative and practical point of view, considering the centrality of the choice of a legislative policy to achieve social aims, in particular through redevelopment and rehabilitation actions.