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2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	80
19	Are elections systems transparent and effective?	100

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments: The elections are monitored by the Office of the Ministry of Interior. The D.P.R. of March 30, 1957, n° 361, with amendments, is the law (testo Unico) on elections. It includes several criminal offenses (incuding giving/promising money or other goods) during elections.

References: Central Direction on Electoral Services, Department of Internal Affairs of the Ministry of Interior (Direzione Centrale per i servizi elettorali, Dipartimento per gli affari interni e territoriali, Ministero dell'Interno) [ LINK ]

During elections, a special agency is set up. A central office is set up in the Corte di Cassazione: Natonal Central Election Office (Ufficio elettorale centrale nazionale), local offices are set up in appeal courts (corti d'appello) or tribunals (arts. 12 and 13 of D.P.R. March 30,1957, n° 361). In general, Criminal Courts can act for criminal behaviours (including corruption), under the consolidated Act on Elections (arts. 94-114 of D.P.R. March 30, 1957, n° 361). [ LINK ]

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments: There is no law that formally protects the Central Agency (Direzione Centrale). Substantially, though, the agency was never involved in complaints or actions against its work, so the impression is that there is no political interference in the agency. Members of the National Electoral Board (Ufficio elettorale centrale nazionale) are judges whose independence is guaranteed by law.

References: The agency belongs to the Minsitry of Interior. The judges are instead protected from political interference by the Constitution (art. 101). Art. 101: Justice is administered in the name of the people. Judges are subject only to the law.

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments: The independence of magistrates of the Corte di Cassazione is widely recognized.

References: [ LINK ]

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments:

References: [ LINK ]

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments:

References: [ LINK ]

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments: Last elections went regularly, despite Silvio Berlusconi's claims of gerrymandering. There are some investigation by the Public Prosecutor Offices on possible electoral frauds, reported also in a book and a movie and by many newspapers. To date, though, there is no evidence of offense, so no sanctions have been imposed by the courts.

References: A movie by Enrico Deaglio, Beppe Cremagnani released in November 2006: Kill the Democracy! (Uccidete la democrazia)

Peer Review Comments: The last general elections (April 2006) generated harsh disputes. The center left (L'Unione), which won with a narrow gap (24.000 votes), criticized the Ministry of Interior for delays and inefficencies on Election Day. The center right's leader, Silvio Belusconi, denounced gerrymandering and, at the beginning, refused to recognize L'Unione's victory.

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments:

References: [ LINK ]

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments: The right to apeal is a general right of any citizen. For the elections, there is also a procedure for candidates and citizens to denounce electoral frauds to the local electoral services (set up during the elections in any Municipality) or to the central electoral services. Finally, the Parliament houses have the final right to validate the election of their own members (art. 87 of D.P.R. of March 30,1957, n° 361).

References: Art. 24 of the Constitution sets the general right to appeal. Art 24: Everyone can take judicial action to protect individual rights and legitimate interests. The right to defense is inviolable at every stage and moment of the proceedings. The poor are assured, through appropriate institutions, the means for action and defence before all levels of jurisdiction. The law determines the conditions and the means for the reparation for judicial errors.

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments: Mr. Berlusconi has tried in any way to delay the annoucement of the victory of the left-wing coalition, but in few days his complaints of gerrymandering were verified by the State Account Court (Corte dei Conti) and Giunta per le Elezioni of the Chamber of Deputies.

References: Newspaper article: The last temptation of Berlusconi (L'ultima tentazione del Cavaliere) [ LINK ]

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments:

References: [ LINK ]

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments:

References: Art. 5 of Law 22 of January 27, 2006, (admittance of OCSE observers to polling stations): "On the occasion of 2006 elections, in compliance with international commitments undertaken by Italy within OCSE, international observers are admitted to the local polling stations. [...]"

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: [ LINK ]