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2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators   Score
29 Can members of the legislature be held accountable for their actions? 67
30 Are there regulations governing conflicts of interest by members of the national legislature? 14
31 Can citizens access the asset disclosure records of members of the national legislature? 100
32 Can citizens access legislative processes and documents? 100

Indicator and sub-Indicator Details

29 Can members of the legislature be held accountable for their actions?
 
  29a: In law, the judiciary can review laws passed by the legislature.
 
Score: YES  NO score
  Comments:

References: Art. 134 of Constitution Art. 134: The Constitutional Court shall pass judgment on: Controversies on the constitutional legitimacy of laws and enactments having the force of law issued by the state and the regions; Conflicts arising from allocation of powers of the state and those allocated to state and regions, and between regions; Accusations made against the president of the republic, according to the provisions of the Constitution.

  29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.
 
Score: 100  75  50  25  0  score
  Comments:

References: There have been 14,940 decisions of the Constitutional Court on legitimacy since 1956.

  29c: In law, are members of the national legislature subject to criminal proceedings?
 
Score: YES  NO score
  Comments: Yes, although there is a form of immunity.

References: Art. 68 of the Constitution Art. 68: Members of Parliament may not be required to give account of any opinions expressed or votes cast in the exercise of their functions. Without authorization from the House to which they belong, no member of Parliament may be subjected to a personal search or have their domicile searched, neither may they be arrested or otherwise deprived of personal freedom, or kept in detention, except to enforce a final conviction, or if caught in the act of committing a crime for which arrest is mandatory. Similar authorization is also required before members of Parliament may have their conversations or communications intercepted, or their mail impounded.

Peer Review Comments: As the social scientist states in his comments: Yes, although there is a form of immunity.

Peer Review Comments: I would say yes, because after authorization from the House to which they belong, all members of Parliament are subjected to criminal proceedings.

30 Are there regulations governing conflicts of interest by members of the national legislature?
 
  30a: In law, members of the national legislature are required to file an asset disclosure form.
 
Score: YES  NO score
  Comments: Law 441/82 applies to: - members of the Parliament (Senato della Repubblica e della Camera dei deputati); - President of the Council of Ministers, ministries and state undersecretaries; - regional councillors - provincial councillors - town councillors (only for chief towns (capoluogo di provincia) or towns with more than 50,000 inhabitants).

The head of the state is not required to disclose assets.

References: Law 441 of July 5, 1982

  30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.
 
Score: YES  NO score
  Comments: Members of the executive (prime minister, ministers, vice-ministers, states undersecretaries, extraordinary governmental commissioner (Commissari straordinari di governo) are not allowed, for 12 months after leaving the government, to: - work for public bodies - work for pivate sector - do professional job in fields related with their role in the government.

This rule doesn't work for members of the Parliament.

References: Law 215 of July 20, 2004, art. 2.4 [ LINK ]

  30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.
 
Score: YES  NO score
  Comments:

References: There is no such law.

  30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.
 
Score: YES  NO score
  Comments: Law 441/82 applies to: - members of the Parliament (Senato della Repubblica e della Camera dei deputati); - President of the Council of Ministers, ministries and state undersecretaries; - regional councillors - provincial councillors - Town councillors (only for chief towns (capoluogo di provincia) or towns with more than 50,000 inhabitants). (The head of the state is not required to disclose assets )

The law requires the disclosure of assets but not the independent auditing, so the answer must be NO.

References: Law 441 of July 5, 1982

Peer Review Comments: There is no law establishing an impartial auditing.

  30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.
 
Score: 100  75  50  25  0  score
  Comments:

References: Article by Andrea Marini: Un reticolo di incarichi "vietati" agli onorevoli

Peer Review Comments: Regulations are rarely enforced due to the fact that there are not cross-check investigations and controls.

  30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.
 
Score: 100  75  50  25  0  score
  Comments: 1 The former Prime Minister Silvio Berlusconi sent to his deputies many gifts like tapis roulants, watches, necklaces...

2 Quite often, during investigations on economic crimes, magistrates discover gifts of any size to politicians

References: 1 [ LINK ]

2 [ LINK ]

  30g: In practice, national legislative branch asset disclosures are audited.
 
Score: 100  75  50  25  0  score
  Comments:

References: Corte dei conti [ LINK ]

31 Can citizens access the asset disclosure records of members of the national legislature?
 
  31a: In law, citizens can access the asset disclosure records of members of the national legislature.
 
Score: YES  NO score
  Comments:

References: Law 441/82, arts. 8 and 9

  31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: Asset discolure records are available for consultation at the Office for Anagrafe Patrimoniale of the Senatoe from Monday to Friday, 9:30 AM to 7:00 PM.

References: www.corriere.it/Primo_Piano/Politica/2005/04_Aprile/12/scheda.shtml;

Interview by email with Mrs. Maria Claudia Spellucci, Senato della Repubblica, on July 31,2007

  31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Consultation of asset disclosure records is free.

References: Interview by email with Mrs. Maria Claudia Spellucci, Senato della Repubblica, 31/07/2007.

32 Can citizens access legislative processes and documents?
 
  32a: In law, citizens can access records of legislative processes and documents.
 
Score: YES  NO score
  Comments:

References: Law 07/08/1991 no. 241, as amended by: D.lgs 03/02/1993 no. 29 Law 07/05/2000 no. 150 Law 11/02/2005 no.15

  32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: All records are available online on the websites of the two chambers of the Parliament.

References: [ LINK ]

  32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments: Access is free.

References: [ LINK ]

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