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2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
45	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	13
46	In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	0
47	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	0

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

45a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: OECD recommended to adopt specific legislation. Italy indicated that "The Italian law (Law no. 45/2001) already provides for the possibility of applying special measures to witnesses who are in serious and present danger as a consequence of their statements. These measures are applicable to both witnesses and members of their family and may, inter alia, include measures to: ensure a person's safety y seep htjob, transfer them to protected locations, give them social and financial support and change their ID details. These measures are explicitly applicable to domestic and international bribery offences". The OECD is right: Art. 25 of law 45/2001 says that the rules on whistleblowers protection applies to a certain group of crimes (set in art. 380 of Code of Criminal Procedures) for which the police is obliged to arrest the author in the act of the crime. The protection system for whistleblowers require that: - ordinary protection measures that can be put in place by law enforcement agencies are inadequate or the person is already in prison, and - the witness (or the family) is under serious and actual danger (of life).

References: There is no such law. Report by OECD - working group on bribery, March 23, 2007 FOLLOW - UP REPORT ON THE IMPLEMENTATION OF THE PHASE 2 RECOMMENDATIONS [ LINK ]

Peer Review Comments: In general, the law protects all witnesses in danger, among them civil servants who report cases of corruption.

45b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: There is no culture of whistleblowing in public sectors. Media reports on corruption cases always almost refer to criminal investigations rather than to whistleblowing activity.

References: www.adnkonos.it www.ansa.it

Peer Review Comments: In spite of the role of trade unions in supporting whistle-blowers, they usually face negative professional consequences for denouncing abuses.

Peer Review Comments: Whistleblowing is very rare. It is considered a betrayal and people are afraid of being negatively judged. Nowadays newspapers report cases of mobbing.

45c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments:

References: There is no such law.

45d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: The webpages report two stories of persons fired because - this is their version - they discovered corruption schemes.

References: [ LINK ] [ LINK ]

Peer Review Comments: Trade unions' role in protecting whistle-blowers is relevant but, often, they can't prevent negative professional consequences for those who report cases of abuse.

Peer Review Comments: In Italy, debating on mobbing issues takes place daily.

In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

46: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: The government set up in 2004 the High Commissioner for the fight and prevention of corruption and other crimes within public administration service. Such authority has the power to initiate investigations directly or inderectly, and to report notices of crimes to the judiciary, but there is no internal system, for civil servants, to report corruption cases to the commissioner.

References: There is no such law. Law 3 of January 16, 2003, set up the High Commissioner for the fight and prevention of corruption and other crimes within public administration service. This is a body belonging to the government with powers to investigate on corruption in the public administration and report the cases to the judiciary. This authority has no whistleblowing or internal mechanism to report corruption cases.

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

47a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: In Dec. 2006, the commissioner had 51 full-time staff from 70 places available, thus reporting insufficient human resources. However, as noted in indicator 46, it does not serve an explicit role as an internal reporting mechanism.

References: Report by Alto Commissario per la lotta alla corruzione" Relazione sull'attività svolta [ LINK ]

47b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: The amount of funding for the commissioner is set up year by year within the overall balance of the state and it is subject to increases or reductions. However, as noted in indicator 46, it does not serve an explicit role as an internal reporting mechanism.

References: Report by Alto Commissario per la lotta alla corruzione: Relazione sull'attività svolta [ LINK ]

47c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: Investigation of the high commissioner usually takes some months because they involve more serious cases. Nevertheless, the time period between the claim or the information and the evaluation of the commissioner, which has the duty to give notice to the judiciary in case of crimes, is reasonable. However, as noted in indicator 46, it does not serve an explicit role as an internal reporting mechanism.

References: Report by Alto Commissario per la lotta alla corruzione: Relazione sull'attività svolta [ LINK ]

47d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments: As noted in indicator 46, it does not serve an explicit role as an internal reporting mechanism.

References: Report by Alto Commissario per la lotta alla corruzione [ LINK ]