The case, explained
De facto power and dismissal for criminal infiltration: the case explained
6 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
Recent developments in Supreme Court jurisprudence address the sensitive issue of disciplinary dismissal linked to anti-mafia prevention measures. According to press reports, the core of the debate is the employee's ability to exert substantial influence over the company, potentially compromising the legality of the entire organization. This article reconstructs the legal proceedings from their origin, culminating in the analysis of a didactic twin case to illustrate the practical application of the rules.
In brief
This article examines the lawfulness of summary dismissal of an employee whose de facto power exposed the company to an anti-mafia interdictory measure. By analyzing the Supreme Court ruling, it explores the principle of substance over form within organizational hierarchies. A model case is presented to examine the burden of proof and defense strategies, providing practical guidance for labor law and corporate compliance professionals.
The facts
According to reports from Milano Post and Guida al Lavoro Il Sole 24 Ore, the case involves a service company operating in the Ionian region which, following an anti-mafia interdiction issued by the Prefect of Taranto, proceeded with the disciplinary dismissal of an employee.
The employee, despite formally holding a lower-level clerical position, was identified by administrative authorities as the true dominus of company operations, capable of influencing hiring and management choices through links with local organized crime. Following the disciplinary charge, the case reached the Supreme Court after both the court of first instance and the Court of Appeal of Lecce confirmed the lawfulness of the dismissal. The final ruling established that the risk of operational paralysis resulting from the interdiction justifies the breakdown of the fiduciary relationship.
The rules in play
The legal framework rests on three pillars. Article 2119 of the Italian Civil Code governs just cause, namely a breach or extra-occupational conduct so severe that it prevents the continuation of the employment relationship.
Articles 84 and 91 of Legislative Decree 159/2011 (Anti-Mafia Code) regulate the interdiction notice, the issuance of which prevents the company from contracting with the Public Administration. Finally, Article 7 of Law 300/1970 mandates compliance with the disciplinary procedure, guaranteeing the employee the right of defense prior to the imposition of dismissal.
What the jurisprudence says
Supreme Court jurisprudence has clarified that, regarding anti-mafia interdictions, there is no automatic link between the Prefect's measure and the employee's dismissal. However, courts have consolidated the view that the de facto power actually exercised by the employee prevails over formal contractual classification.
Where it is proven that the individual's presence exposes the business to the risk of market exclusion, the dismissal constitutes a legitimate self-cleaning measure. The courts have also specified that the employer is not required to await a final criminal conviction, as the loss of trust essential to the entity's economic survival is sufficient.
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What it teaches professionals
First, it highlights the importance of monitoring internal decision-making processes to identify hierarchical anomalies before public authorities intervene. Second, it underscores the need to conduct a thorough internal investigation prior to dismissal in order to gather evidence independent of the prefectural measure.
Third, it counsels caution when relying on just cause, as proving concrete harm to business operations and reputation is essential. Fourth, it emphasizes the necessary coordination between labor lawyers and administrative law practitioners to manage the matter across multiple judicial forums simultaneously.
References: Articolo 2119 Codice CivileD.Lgs. 159/2011, Articoli 84 e 91Legge 300/1970, Articolo 7
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Frequently asked questions
Does an anti-mafia interdiction always lead to the dismissal of the mentioned employees?
No, there is no automatic effect. The company must assess whether the employee's conduct or position constitutes just cause or justified motive, in any case guaranteeing compliance with the disciplinary procedure and the right of defense.
What happens if the dismissal occurs but the interdiction is later overturned by the Administrative Court?
If the dismissal is based solely on the interdiction order, the latter's annulment by the Administrative Court may render the dismissal unlawful. Conversely, if the employer has independently established misconduct severe enough to breach the fiduciary relationship, the dismissal may retain its validity.
Is the employee dismissed for these reasons entitled to unemployment benefits (NASpI)?
Yes, under Italian law, NASpI is granted even in cases of dismissal for just cause or subjective justified motive, as it qualifies as involuntary unemployment, subject to specific restrictions resulting from asset prevention measures.
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