1. Fighting corruption in the Italian Public Sector Law November 6 2012 Prof. Fabio Cintioli Scuola Nazionale di Amministrazione

2. Corruption in Italian Public Sector (i) a problem for the Administration, in terms of compliance with European and national regulations; 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 fundamental European rights, according to the citizens’ right to good administration; (iii) a weakness for the institutional and economic system as a whole in the era of crisis.

3. The tools of the new law: (i) new criminal offences; (ii) a code of conduct for the administration provided by the law: anticorruption as an intermediary level between the criminal sector and the administrative regulation; a new meaning of the word corruption in the Italian legal system;

4. (iii) enhancing transparency; (iv) assessing potential conflicts of interest in the public bodies; (v) improving competition in the public procurement sector.

5. New offences  Corruption between private parties  An increase in sanctions  More information shared between public bodies and criminal prosecutors

6. More transparency in administrative procedures  Law August 8, 1990, n. 241: transparency in administrative procedures in order to protect a single citizen’s particular right before the Administrative Bodies: the defensive function of transparency;  Transparency as 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 fully accountable.

7.  e.g. the obligation to explain the legal and factual basis of a permit (the duty of a full explanation of the decisions: article 3, law 1990 n. 241): in the interest of the citizen who is asking for it and in the general interest in a transparent administrative action;  the role of the internet; the use of internet as a duty for officials;

8. > the right of access to administrative documents and information: from the entitlement of the single citizen who is interested in the particular procedure to the widespread right allowed to every citizen;

9.  More transparency about the personal situation, performance and interest of officials and employees  The anticorruption programs and the most sensitive sectors: (i) The anticorruption program of the Public Sector Ministry; (ii) The anticorruption program of the single Administrative Body;

10. (iii) giving the rules of a new code of conduct to the Public Sector; (iv) preventing corruption and wrongdoing in the internal affairs of the Administration;  The role of the official responsible for compliance with the anticorruption law and his own disciplinary liability.

11.  Avoiding the potential conflict of interest in administrative procedures  A new regulation about 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 procurement tenders  The risky trade-off between regulation and efficiency. The widespread duty of launching tenders in the selection of contractors  The extension of the transparency rules to the state-owned company: the limits and pros and cons