P ROGETTO “SOS L EGALITÀ ” IMPRESE E BENI CONFISCATE ALLA MAFIA : LO SVILUPPO SOCIOECONOMICO COME STRUMENTO DI PREVENZIONE With the financial support of the Prevention of and Fight against Crime Programme DEL CRIMINE E DI PROMOZIONE DELLA LEGALITÀ (European Commission - Directorate-General Home Affairs) “SOS Legality” Seized businesses and goods from mafia to strategically prevent crimes and promote legality through socio- economic development”. (Grant Agreement No. HOME/2011/ISEC/AG/4000002 530) Proposal for an experimental model of governance of confiscated companies. Ideas for the discussion.
ORGANISED CRIME IN EUROPE The investments in the legal economy play a crucial role in the activities of organized crime and respond to multiple objectives (recycling, profit, control of territory, social consensus). There are many European countries affected by the phenomenon of organized crime investments: between them Italy, Spain, Germany and the United Kingdom play a leading role. Numerous assets (real estate, companies, vehicles, other personal property) and the economic sectors are involved. The real estate sector and the restaurant industry are common elements among most groups but can also be present differences in investment strategies. For example, the Italian criminal organizations are active in several areas: among others, in construction and in emerging sectors (eg. logistics, renewable energy and VLT-slot machines); abroad, especially in restaurants and in wholesale trade of food products. The investment strategies of Chinese organizations (eg. Textiles and wholesale trade) and Russian/Georgian organizations (eg. Import export) and motorcycle gangs (eg. Private security) are different.
STRENGTHENING OF JOINT MEASURES TO COMBAT CRIMINAL INFILTRATION Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders. The value of confiscated property will be shared equally between the issuing and executing State. The Directive follows a series of measures that promote the use of confiscation of proceeds from crime and tend to ensure a common approach to confiscation within the EU. Cooperation between law enforcement authorities and overcoming the obstacles related to divergent national approaches: Systematic exchanges of information; Greater use of the opportunities offered by EU agencies and the European investigative tools; Development of common investigative and prevention techniques; Dntensification of cooperation with Third counhtries; Strengthening in terms of resources (financial and human) and sufficient and adequate common legislative framework; Quick and adequate access to databases and judicial statistics on confiscated assets
THE PROJECT “SOS LEGALITA” The project “SOS Legality” is promoted by Unioncamere and Universitas Mercatorum and implemented in partnership with Libera Association, the Chamber of Commerce of Reggio Emilia, Caserta and Syracuse. The initiative, funded by the European Commission (DG Home Affairs), under the Programme for the Prevention of and Fight against Crime , has been selected by the EU as a pilot action aims to deepen and share at European level the Italian experience on the management of companies and assets confiscated from organized crime. .
THE PROJECT “SOS LEGALITA” Objectives Define and strengthen models and instruments of territorial governance based on multi-stakeholder 1 public-private partnerships for monitoring, allocating, managing and valuing of assets and companies confiscated from organized crime. Develop and test management tools for governance , 2 consolidation and sustainability of confiscated companies. . Verify and share with other Member States models 3 and pilot tests for their capitalization at European level.
THE PROJECT “SOS LEGALITA” Activities Capitalization and transferability at EU level - Transnational Pilot Panel for the assessment of models and tools developed by the project and the evaluation of their transferability -Transnational Workshop for sharing of experiences and the capitalization of project outputs - Final Conference Corporate governance - Working group at the national level for the development of the model and tools of corporate governance and corporate consolidation - Testing of the model and tools in selected companies in each of the three territories (with the involvement of shareholders/managers/ employees) - Training courses for would-be entrepreneurs and unemployed youth Territorial governance For every pilot territory (RE, CE, SR): - Activation of a "Territorial Laboratory" (for the definition of guidelines and operational protocols) - Study on the use of confiscated property - Organization of awareness workshop for civil society on the issue of confiscated assets from mafia
THE STARTING POINT OF THE EXPERIMENTATION: THE ITALIAN MODEL OF SEIZURE Italy has a “mixed” system of confiscation of assets: on the one hand there is the general procedure based on a criminal conviction; on the other hand, there is a special procedure, called precautionary seizure, which applies especially in the case of criminal organizations in order to confiscate the illegal gains obtained through mafia crimes or other crimes (also corruption). The social value of the confiscated goods : the allocation of confiscated assets for social purposes is a distinctive feature of the Italian model and relies heavily on the economic and social value of the good
THE ITALIAN MODEL OF SEIZURE Strengths The long tradition of the fight against organized crime The flexibility of a system with different procedures depending on the different types of crime. The low level of discretion of the different actors of the process, thanks to the numerous laws regulating confiscation procedures. The independence from politics of public officials working in the process of confiscation
THE ITALIAN MODEL OF SEIZURE Weaknesses Bureaucratic and financial burdens on assets. Restrictions on the sale of assets. The maintenance in good condition of seized and confiscated assets. The operational difficulties of the National Agency . Difficulty of connection between relevant public administrations. Timing for allocation of assets between confiscation and re-use. Lack of an integrated information system of data on assets . Working environment and socio-psychological perception of the company and hostilities on the territory .
THE PROJECT “SOS LEGALITA” The experimental model of governance The project has developed and tested a matrix mode odel, “si sist stema cam amer erale italiano”, based on an integrated approach to SUPPORT AND ASSIST the different actors involved in the management of the confiscated companies. It works on two levels: A. Territorial governance: (public private partnership instruments: interinstitutional territorial laboratories; protocols of intervention on the side of the confiscated companies; integrated pathways of assistance to business start-up) B. Corporate governance (targeted pathways of tutoring and business check-up to support the administrators, in collaboration with associations and professional associations)
THE PROJECT “SOS LEGALITA” Exper xperimen entation on in n conf confiscated com compa panies was as on : based on base 22 check up in 22 companies confiscated from organized crime in various stages of their life, aiming at studying their financial economic production, characteristics, for drawing up action plans and feasibility or development plans 3 Ter Territor orial labor borat ator ories in in 3 It Italia lian reg egions ns to define protocols and lines of action with stakeholders 1 Assistance for the crea eation on of of a a pr produ oductive chai hain in t n the he conc oncrete e se sect ctor in Sicily
THE PROPOSED GOVERNANCE MODEL: LE COMPONENTS AND ACTORS Conf nfiscat scated ed com companies es Task k Force ce Territorial level. Public- Corpor porat ate e private multi- level evel stakeholders
THE PROPOSED GOVERNANCE MODEL: LEVELS AND ACTIONS Territorial Corporate level level multistake holders Inst stit itutio ional al roun und d tabl bles es Compan panies es aud audits and and che check-up ups Inst stitut utions ons, , loca ocal act actors Ment ntoring a ng and s d supp ppor ort f for s suppl upply y Territor orial al l labor orator ories es to s supp ppor ort chai ain p n proj oject ects a s and n d networ ork busin ines esses es ( (public blic-privat vate) e) cont ntrac acts Memor oranda nda of of unde derst stand anding ng Train inin ing g on e entrep epreneu euria ial l cult lture e in in the c confis isca cated ed compa pani nies es Draw awing ng up up of of devel velom ompm pment nt prog ogram ammes es and and pl plan ans
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