Assets confiscation to combat organized criminality

Assets confiscation to combat organized criminality

Nowadays, we are witnessing an ever-changing[1] evolution of ordinary citizens’ position. Individuals and groups are no longer mere beneficiaries of administrative acts and procedures but – in a way – parts of them. In this very context, the regeneration of urban commons can be located, not only in renewal purposes, but as well in the involvement of city inhabitants. More specifically, urban regeneration is described[2] as «the recycling, transformation and innovation process of urban commons», contributing to promoting “urban creativity”, with the aim of ensuring and improving quality and accessibility.

Particularly, this writing wants to tackle the problem of “final use” of confiscated urban assets which are in a state of disrepair and neglect.

Before getting into the issue in question, it is necessary to clarify the meaning of confisca and “urban commons”.

In the Italian legal system, the antimafia confisca is a preventative property measure, introduced in 1965 and currently regulated by the so called Antimafia Code[3].

According to code provisions, in order to apply antimafia confisca two elements are required.

Starting from the subjective element, the individual who acquires the relevant asset must be recognized as “socially dangerous” at the moment of acquisition, irrespective of whether such status ceases or the person dies.

There are two objective elements: direct or indirect accessibility by the individual to the asset and existence of sufficient evidence in relation to the unlawful origin of the confiscated asset (such as the disproportion between the asset’s value and the income declared by the individual for tax purposes, as established by the legislator).

On the other hand, the “urban common assets” are generally defined[4] as «material, intangible and digital assets recognized by citizens and Public Administration as useful for individual and collective well-being.»

In the light of the foregoing, considering that confiscated assets are (usually) private assets which can be classified as “urban commons”, ordinary citizens’ involvement to administrative acts can be applied and procedures can play a role.

Pursuant to what discussed above, if it is true that private assets (both real estate and companies) can be classified as “urban commons”, the question is: Is it possible to apply the same art. 190, Codice dei contratti pubblici to confiscated assets so that they could be subject to the contract on social partnership and its procedure?

Art. 190, Codice dei contratti pubblici[5], introduced in the Italian legal system the so-called contract on social partnership, whose criteria and conditions can be defined by local authorities «on the basis of projects presented by individuals or groups as long as with regard to a specific territorial scope.»[6]

As clarified also by Antonella Manzione[7], the contract on social partnership provides for a call for tender where “a competition of ideas” occurs for the final use of common assets. It must be borne in mind, though, that this must happen within the limits established by the Italian Court of Auditors[8], which requires compliance with some elements previously identified by the local authority itself, such as the ratione personae scope.

More precisely, whereby there are “urban common assets” in a state of disrepair and neglect and the local authority intends to ensure their exploitation «through cultural initiatives, urban renewal, restoration and refurbishment for general interest objectives»,[9], it should issue a call for applications and then conclude the contract on social partnership.

Carlo Pezzullo


[1] In this connection, CHITI E., La rigenerazione di spazi e beni pubblici: una nuova funzione amministrativa?, in DI LASCIO F., GIGLIONI F., La rigenerazione di beni e spazi urbani. Contributi al diritto delle città, Il Mulino, Bologna, 2017.

[2] According to art. 2.1, Regolamento del Comune di Bologna.

[3] The d. lgs. 159/2011 as reformed by the Law 161/2017.

[4] According to art. 2.1, Regolamento del Comune di Bologna.

[5] The d. lgs. 50/2016, as revisited by d. lgs. 56/2017.

[6] Art. 190 Codice dei contratti pubblici.

[7] The Italian Consigliera di Stato Antonella Manzione, during a lesson at LUISS Guido Carli with Prof. Christian Iaione, 2018 nov. 20.  

[8] Court of Auditors, sez. reg. Emilia-Romagna, 2016 march 23, n. 27; sez. reg. Lombardia, 2016 sep. 6, n. 225. 

[9] Art. 190 Codice dei contratti pubblici.

Workshop on ‘Local Communities and Social Innovation for the Energy Transition’ November 22-23

Workshop on ‘Local Communities and Social Innovation for the Energy Transition’ November 22-23

In an increasingly polluted world the local communities bring with them a huge, but unfortunately often neglected, potential for the development of social innovation initiatives aimed at a radical change in favor of renewable energy.

The seminar “Local Communities and Social Innovation for the Energy Transition” to be held at JRC Ispra Site (Ispra, Varese, Italy) on 22 and 23 November 2018 aims to study this potential and research recommendations aimed at obtaining a better exploitation of energy resources.

Furthermore, existing obstacles and conditions that favor or undermine the potential of local communities in the development of remedies of this kind will be discussed, as well as new models of innovation governance useful for the growth, consolidation and dissemination of social innovation initiatives in local communities.

We will also discuss the characteristics that allow local energy communities to be recognized in the panorama of EU regulations and how they can be disseminated through European policy. Some of the main existing examples of initiatives of local energy communities developed in the EU will be discussed below.

Finally, particular attention will be given to the important role that can be played by municipalities, both as local energy communities, as facilitators and as promoters of social innovation initiatives.

At the seminar will be present: Nicola Labanca (JRC Energy Efficiency and Renewables Unit), Sabine Hielscher (University of Sussex – UK), Josh Roberts (RESCoop.eu, Belgium), Paolo Bertoldi  (JRC Energy Efficiency and Renewables Unit), Christian Iaione (LUISS Guido Carli University, IT), David Hammerstein (Commons Network), Fritz Reusswig (Potsdman Institute for Climate Impact Research, DE), : Daniele Paci (JRC Energy Efficiency and Renewables Unit), Jan Steinkohl (European Commission, DG ENER, Brussels), Dirk Hendricks (European Renewable Energy Federation, Brussels), Nikolaos Hatziargyriou (National Technical University of Athens, EL), Fabio Monforti (JRC Air and Climate Unit), Anna Mengolini (Energy Security, Distribution and Markets Unit, Joint Research Centre), Sarah Rieseberg (Arepo Consult, DE), Chiara Candelise (IEFE Bocconi University, IT), Gianluca Ruggieri (Insubria University, IT), Dick Magnusson (Linköping University, SE), Verhoeven Sofie (Ghent Municipality, BE), Lourdes Berdié (Network for Energy Sovereignty – Barcelona).

Professor Iaione, co-founder of LabGov, will present in the second discussion panel “Governance and Local Communities’ Social Innovation: which governance
approaches are needed to stimulate this innovation?” on the “Pooling Economy, Tech Justice and Urban Experimentalism for a Human Rights-based Approach to the Sharing Economy”.

A week contributing to the co-governance of Dutch cities

A week contributing to the co-governance of Dutch cities

 

From Wednesday 20 to Sunday 24 June Pakhuis de Zwijger (Amsterdam Metropolitan Area) will host the We Make The City Festival. Five days celebrating the urban living by collectively debate the challenge of making better cities. This huge event will erupt in the streets of Amsterdam with 30 urban talks, 50 workshops, 30 city expeditions, 15 special events, and 10 exhibitions bringing together 600 local, national and international speakers, and 30.000 participants including municipal workers, inhabitants, active citizens, commuters, and visitors to talk about the most urgent urban issues like climate, safety, affordable housing, and health.

LabGov will participate in the session – on Thursday 21 June – about Co-Creating the City contributing to answering the question “How does co-creation work in the urban practice?”. The notion of co-creation evokes and resonates the one of co-governance in raising awareness and addressing the need of a collaborative city-making approach able to include different type of urban stakeholders (knowledge institutions, businesses, start-ups, SMEs, welfare organizations, social innovators and the government) for a more inclusive, innovative and sustainable urban development.

In the context of a full day debate with representative of European municipalities, foundations, citizens and civil society associations – including  Amsterdam, Athens, Ghent, Groningen, Lisbon, Madrid, Nantes, Reykjavik, Rotterdam, and Vienna – a well as researchers from worldwide knowledge institutions – like Harvard University, LabGov São Paulo and San José State University – and international networks like the Project for Public Spaces; LabGov will share the added value of the Co-City approach leading a panel to discuss “Infrastructure and the Co-City: How Might We Make Urban Infrastructure Work for Everyone?”.

Christian Iaione (Professor of Urban Law and Policy at LUISS University, and LabGov Co-Director), Sheila Foster (Professor of Law and Public Policy, University of Georgetown), Simone D’Antonio (URBACT), Asali DeVan Ecclesiastes (New Orleans Business Alliance), Marcella Arruda (Instituto A Cidade Precisa de Você, LabGov São Paulo) and Joachim Meerkerk (PhD researcher, Amsterdam University of Applied Science) – in a break-out session facilitated by Alicia Bonner Ness – will address the issue of how the Co-City approach can help city leaders and city-makers in serving collective needs leveraging public-community cooperation.

Key in the discussion will be the focus on infrastructures. Not only because urban infrastructures are the main resources in becoming urban commons if collaborative managed and collectively shared; but especially because this multi-stakeholder and democratic management of common goods is itself co-creating new infrastructure of urban governance. According with the Co-City methodology, in fact, the creation of a collaborative social and economic ecosystem will be transitioning urban governance from urban commons projects to the City as a Commons.

Another interesting highlight of the week will be the participation of Professor Christian Iaione in the EMMA experts event in The Hague on Wednesday 20 June that will also be focused on collaborative partnership between local public authorities, social innovators and civil society in the co-creation of the city that is the basis of the quintuple helix theory of the Co-City approach.

Find the complete program of the Festival on the official website: https://wemakethe.city/nl/programma


Dal 20 al 24 giugno Pakhuis de Zwijger (Amsterdam) ospiterà il We Make The City Festival: cinque giorni dedicati alla celebrazione dell’urban living attraverso un dibattito collettivo su come migliorare le nostre città. LabGov terrà, nella sessione “Co-Creating the City” un panel sull’approccio Co-Cities dal titolo “Infrastructure and the Co-City: How Might We Make Urban Infrastructure Work for Everyone” e una break-out session facilitata da Alicia Bonner Ness.

Participation &/in Culture: trends, debates and next events

Participation &/in Culture: trends, debates and next events

On April 18-20 Aarhus University, Denmark, hosted the international conference “Cultures of participation. Arts, digital media and politics”, organized by the Take Part research network on cultural participation. The conference aimed at presenting and discussing how participatory approaches are declined within both physical and virtual contexts, like cultural institutions and digital media platforms, urban spaces, artistic production, architectural design. It dealt with three main themes: 1) Participatory art & aesthetics, 2) Digital media & technology, 3) Cultural policy & participation.

In this context, LabGov participated, with its co-founder Christian Iaione together with Maria Elena Santagati, in the session that provided a reconstruction of the Italian context and initiatives, presenting the experience of the LabGov’s project Co-Rome promoting the participatory governance of cultural heritage in the framework of the Faro Convention, with a focus on the urban commons implemented in the Centocelle’s Archaeological Park in Rome

 

120 participants from all over the world had the opportunity to attend the three keynote speeches by Lisanne Gibson (School of Museum Studies-University of Leicester) “Museums and participation – Who goes… (and who doesn’t?)”, by Shannon Jackson (University of California, Berkeley) “Civic re-enactment and public re-assembly”, and by Zizi Papacharissi (University of Illinois-Chicago) “Affective publics: news storytelling, sentiment and Twitter”. The first one–starting from a recent study conducted in the UK showing that museum visitors are just a minority of the population (8.7%) who engage with State funded cultural activities–calls for a rethinking of museum practice and role to enhance the citizens’ interest and participation starting from the idea that “Museum can function as places where people can explore their own identities in relation to others, to reflect on how people are different and how they are the same” (Mark O’Neill, 2006: 109). The second one–based on the UC-Berkeley’s research platform on Public (Re) Assembly and the work of Aaron Landsman and Paul Ramirez Jonas–investigated the re-enactment in civic processes. The third one discussed about the concept of affective publics, the role and meaning of social media for the Arab Spring and occupy movements, together with data from recent studies by the University of Illinois at Chicago explaining the relevance of the platform for contemporary news storytelling, framing, and gate-keeping.

A range of sessions provided different perspectives on the topic of participation in culture through the lenses of different disciplines, reflecting the ongoing practices trends across Europe and beyond, including digitized cultural institutions and experiences, participatory art, policies of participation, measurement and valuation of cultural participation, cultural activism, methods for engaging communities in cultural production, arts&media platform, spaces for civic participation, urban and public space, participatory management of cultural institutions, technological transformations, and (non)participation. With respect to participation in policy and management, the session concerning the European Capitals of Culture provided useful considerations emerging from a study on ECOC projects revealing that most of them had an instrumental approach to the participation instead of providing a base for participatory governance (Szilvia Nagy). The session also stressed the need of rethinking the participation with regards to the experience of Aarhus 2017 based on the Rethinking participation Report  (Leila Jankovich and Louise Ejgod Hansen), shared an analysis of arts carnivals programmes and participation within Capitals of culture in UK (Angela Chapell), and, finally, displayed a very interesting project “2025€ x 2025”, concerning participatory projects for Dresden ECOC candidate city for 2025, including one based on the “table-theatre” method (Valentina Mercenaro).

With regard to participation in culture policy-making, interesting inputs were raised from: a critical perspective on Iceland’s official cultural policy and its confusing aesthetic of involvement (Njourour Sigurjonsson); an interesting critical analysis of newly rooted participatory cultural institutions in Poland (Marcin Poprawski); a case study of Leeds cultural policy making as a democratic space (Malaika Cunningham and Elysia Lechelt); and a reflection about cultural participation as a narrative in the German cultural policy (Claudia Steigerwald). Finally, another case treated the challenge of participatory management at the School-Museum of Pusol within the SoMus-Society in the museum project (Lorena Sancho Querol, Rafael Martinez Garci and José Martinez Jurado).

Meanwhile, on April 18th, the European Union published the final report of the OMC working group on “Participatory governance of cultural heritage”, containing both operational and policy recommendations. Moreover, within the European Year of Cultural Heritage, the European Cultural Heritage Summit will take place in Berlin on June 198h-24nd, with the slogan “Sharing heritage-Sharing values”. Among the next interesting meetings and events, some concern participatory issues like: the conference “Cultural heritage communities and audiences in today’s digital environment” dedicated to digital technologies and cultural heritage; the conference “Sharing as a chance. Private initiatives and cultural heritage”: “People want to participate in heritage and be involved in decision processes. It should no longer be a specific task of experts to decide about the future of our heritage but of all those who are engaged in it”; and the students’ summit “Culture Up Your Future – Living out European Heritage in the Digital Age” concerning students’ engagement with European cultural heritage.

Finally, another relevant meeting on the topic of participation will be held on June, 11th-12th in Manchester for the conference “Understanding everyday participation: Re-locating culture, value and inequality”, as the final step of Understanding everyday participation – Articulating Cultural Values, a five-year research project funded by the Arts and Humanities Research Council advancing a re-evaluation of the link between participation and cultural value.

Experimenting Civic Collaboration between commons in the South East of Rome

Experimenting Civic Collaboration between commons in the South East of Rome

On Saturday, May 5th, the South East Co-District of Rome has been crossed by Civic Collaboration, urban redevelopment and co-governance of urban commons paths in a whole day full of activities, meetings, debates that has been organized by LabGov in the context of the Co-Rome, in collaboration with V Municipio, ENEA, LUISS University, Comunità Parco Pubblico di Centocelle and several organizations and associations from the district

An itinerant community made of students, academics, stakeholders and active citizens started its path from Parco degli Acquedotti, in Don Bosco neighborhood, to reach Torre Spaccata where, in the green area next to Biblioteca Rugantino, the labgovers and students from the master degree in Landscape Architecture of La Sapienza University inaugurated the third satellite of LUISS’ community garden #OrtoLUISS.

An horticulture lab, the valorization of urban vertical gardens an of “in-the-box” gardens and thoughts on the importance of concrete experimentations of circular economy enriched a morning where people of every age shared a new contact with public and natural spaces of the district

In this direction, the third step of the day was in the permaculture project oh Municipio V “Il sogno trasformato”, that consented to the participants to visit Parco Giorgio de Chirico, in Tor Sapienza neighborhood, and to discuss on how public institutions and communities can try together to look for solutions for environmental redevelopment and social re-activation of those territories where urban inequalities are much stronger.

The rain didn’t stop the seek for experimentation and collaboration, and the participants continued their path in the library “L’ora di libertà”, where they first admired the exhibition “100 piccoli volti di Centocelle” by Giorgia Capatano, and where they then sat down to discuss together the future of Centocelle district

Representatives of ENEA’s #fuTure and Centoc’è labs presented their new ideas to design and manage together the territory while ensuring environmental and social sustainability.

At the end of the day, at FusoLab 2.0, the last emotional step of the day with Valentina Correani sharing with Silvio Bruno (President of Centocelle Neighborhood’s Committee) and Vinceno Luciano (Director of Abitarearoma) stories and poems on the history and the beauties of urban suburbs, starting from the South East of Rome. During the evening the short film by Myrice Tansini “La Prima Volta“, starring Mario Caldaro (beloved honorary member of the Comunità Parco Pubblico di Centocelle) was shown to the move public.

And then: party and music! The musical event #RomaSudfEst was opened by the young Coro Cantering, who sang several folk songs from Italy and Europe (and Rome, of course), and continued with a space all dedicated to #Orto17 with three young roman songwriters, Emilio Stella, Gianmarco Dottori and Andrea D’Apolito, that shared an hymn to the Rome that we hope to be able to build together.