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2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	67
2	Are good governance/anti-corruption CSOs able to operate freely?	83
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	100

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: The Constitution ensures the general rights for citizens to assemble and to form associations for ends which are not forbidden to individuals by criminal law. Secret associations and those which pursue, even indirectly, political ends by means of organizations of a military character, are forbidden. In particular, good governance and anti-corruption are not forbidden ends. Registration is necessary only to get legal personality.

References: Art. 17 (Right to Assemble) and art. 18 (Right of Association) of the Constitution(Costituzione)

Art. 17: Citizens have the right to assemble peacefully and unarmed. No previous notice is required for meetings, even in places open to the public. For meetings in public places previous notice must be given to the authorities, who may forbid them only for proven motives of security and public safety.

Art. 18: Citizens have the right to form associations freely, without authorization, for ends which are not forbidden to individuals by criminal law. Secret associations and those which pursue, even indirectly, political ends by means of organizations of a military character, are forbidden.

Source: [ LINK ]

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: Private organizations can receive funding from any legal source. There is a general responsability under criminal law, if the funding has a criminal purpose (e.g. for corruption or money laundering), but there is no law that limits the capacity for associations - and CSOs in particular - to accept funding.

References: Art. 41 (Freedom of Economic activity) of the Constitution Art. 41: Private economic initiative is free. It cannot be conducted in conflict with public will or in such a manner that could damage safety, liberty, and human dignity. The law determines appropriate planning and controls that public and private economic activity are directed and co-ordinated towards social objectives.

[ LINK ]

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: There is no legal provision that requires CSOs to disclose their sources of funding. This is true both for anti-corruption NGOs and for any other types of CSOs. Law 398/91 requires that sport associations use bank transfer to keep track of the payers, since such associations are not required to keep balances and financial documents. Since in Italy there is no law on associations, law 398/91 is applied to other types of associations. Such law doesn't require the disclosure of the source of funding but should allow, in any moment, to see payments in and out (and those who have made the payments.)

References: There is no specific law.

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: The creation of such CSOs is not a problem in Italy. There are three main associations working on corruption and good governance in Italy: Transparency, Libera (against organized crime and its impact on society and governance) and Avviso Pubblico, a network of local authorities for good governance.

References: www.libera.it www.transparency.it www.avvisopubblico.it

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: Law 109/96 deals with confiscation and seizure of goods of "mafiosi", members of criminal organizations. Although it deals with corruption only indirectly, it is a good example of positive influence of NGOs on the political process.

References: [ LINK ] A petition that association Libera presented to the public in 1995 to ask a new law on confiscation and seizure of goods of criminals. The petition became law 109/96.

Peer Review Comments: Anti-corruption/good governance civil service organizations are not particularly relevant in Italian policy-making that is influenced, above all, by political contingencies and public opinion.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: No CSOs have been shut down.

References: www.transparency.it www.libera.it www.anticorruzione.it www.avvisopubblico.it

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: According to the press, in the past years there were no notices of civil society activists working on corruption issues who have been imprisoned.

References: www.adnkronos.it www.ansa.it

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: According to the press, in the past years there were no notices of civil society activists working on corruption issues who have been physically harmed.

References: www.adnkronos.it www.libera.it

Peer Review Comments: It seems difficult to exclude that episodes of physical violence occurred. In particular, in southern Italy, where influential criminal organizations control economic activities, it could be risky to denounce a physical assault.

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: According to the press, in the past years there were no notices of civil society activists working on corruption issues who have been killed.

References: www.ansa.it www.adnkronos.it

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments: Trade unions are free. In Italy there are three main trade unions, CGIL, CISL and UIL and many minor trade unions. Despite the fact that first provision of the article (the freedom of organizing trade unions)is fully respected, the remaining part of the article has yet to be implemented. The effect of collective labor agreements has been ensured with a specific law, while a number of proposals have been presented to the Parliament for the enforcement of the article (the last proposal has been presented on the May 31, 2007).

References: Art. 39 of the Constitution.

Art. 39: Trade union organization is free. No obligations can be imposed on trade unions other than registration at local or central offices, according to the provisions of the law. Trade unions are only registered on condition that their by-laws lead to internal organization of democratic character. Registered trade unions are legal persons. Being represented in proportion to their registered members, they may jointly enter into collective labor contracts which are mandatory for all who belong to the respective industry of these contracts.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: See the website for a list of the many Italian trade unions.

References: [ LINK ]

Peer Review Comments: Data on the percentage of Italian citizens who are members of the most important Italian trade unions could be added.