The central thesis of this article is that, regarding the administration, management, and allocation of seized and confiscated assets, there has been a blending of roles between the judiciary and administrative authorities, a blending reflected in the organization, composition, and activities of the Agenzia Nazionale (National Agency). In particular, the Agenzia is tasked primarily with performing managerial functions related to the handling of movable, immovable, and business assets. In practice, however, its structure appears largely designed for the exercise of public order functions. This explains both the presence, within the Agenzia’s governing bodies, of professionals from the judiciary and prefectures, and the fact that most of its staff consists of executives and officials from other central State administrations. This misalignment between the Agenzias statutorily defined managerial functions and an organization based on logics partaining to public order leads to several inefficiencies in the management of assets confiscated from organized crime.
The Management of Seized and Confiscated Assets, between the Judiciary and the Agenzia Nazionale
By Giorgio Mocavini