Fighting corruption in the Italian Public Sector Law N ovember 6 2012

1. Fightingcorruption in the Italian Public SectorLaw November 6 2012 Prof. Fabio Cintioli Scuola Nazionale di Amministrazione

2. Corruption in ItalianPublic Sector (i) a problemfor the Administration, in terms of compliance with European and nationalregulations; in terms of reaching the goals of public bodies and assessing the national public interest (buona amministrazione ex art. 97 Costituzione della Repubblica italiana); (ii) a violation of fundamentalEuropeanrights, according to the citizens’ right to goodadministration; (iii) a weakness for the institutional and economicsystemas a whole in the era of crisis.

3. The tools of the new law: (i) new criminaloffences; (ii) a code of conduct for the administrationprovided by the law: anticorruptionas an intermediarylevelbetween the criminalsector and the administrativeregulation; a new meaning of the word corruption in the Italianlegalsystem;

4. (iii) enhancingtransparency; (iv) assessingpotentialconflictsof interest in the public bodies; (v) improvingcompetition in the public procurementsector.

5. New offences • Corruptionbetween private parties • An increase in sanctions • More information sharedbetween public bodies and criminalprosecutors

6. More transparency in administrativeprocedures • Law August 8, 1990, n. 241: transparencyin administrativeprocedures in order to protect a single citizen’s particular right before the AdministrativeBodies: the defensivefunction of transparency; • Transparencyas a value: the interest of the citizens (and political parties, NGOs, etc.) in having a full knowledge of public actions in order to make the Public Sector fullyaccountable.

7. e.g. the obligation to explain the legal and factualbasis of a permit (the duty of a full explanation of the decisions: article 3, law 1990 n. 241): in the interest of the citizenwhoisasking for it and in the general interest in a transparentadministrativeaction; • the role of the internet; the use of internet as a duty for officials;

8. > the right of access to administrativedocuments and information: from the entitlement of the single citizenwhoisinterested in the particular procedure to the widespread right allowed to everycitizen;

9. More transparencyabout the personal situation, performance and interest of officials and employees • The anticorruptionprograms and the most sensitive sectors: • (i) The anticorruptionprogram of the Public Sector Ministry; • (ii) The anticorruptionprogram of the single Administrative Body;

10. (iii) giving the rules of a new code of conduct to the Public Sector; • (iv) preventingcorruption and wrongdoing in the internalaffairs of the Administration; • The role of the officialresponsible for compliancewith the anticorruption law and hisowndisciplinaryliability.

11. Avoiding the potentialconflict of interest in administrativeprocedures • A new regulationabout the candidability and the legitimacy of access to parliamentary, governmental and public offices • Transparency for elected members of Parliament and Regional Council

12. New regulation for transparency in public procurementtenders • The riskytrade-off betweenregulation and efficiency. The widespread duty of launchingtenders in the selection of contractors • The extension of the transparencyrules to the state-owned company: the limits and pros and cons