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2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	56
43	Are there regulations addressing conflicts of interest for civil servants?	33
44	Can citizens access the asset disclosure records of senior civil servants?	100

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Art.s 97 and 98 of the Constitution

Art. 97: Public offices are organized according to the provisions of law, so as to ensure efficiency and the impartiality of administration. The regulations of the offices lay down the areas of competence, duties and responsibilities of their functionaries. Employment in public administrations is through competitive examinations, except in those cases established by law. Art. 98: Civil servants are exclusively at the service of the Nation. If they are members of Parliament they may not be promoted except through seniority. The law can set limitations to the right to become members of political parties in the case of magistrates, career military in active service, functionaries and agents of the police, diplomatic and consular representatives abroad. Art. 13 of the Statute of Civil Servants (D. lgs January 10, 1957, no. 3)

Peer Review Comments: Employment in public administration should be through competitive examinations, except in those cases established by law. In the last few years there has been an increase in the number of 'consulting service contracts' that allow politicians to hire people without respecting strict selection rules.

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments: In law, there is a general provision in the constitution setting the criteria for the public administration and the employement syste. Art. 97 of the constitution can provide the legal framework for nepotism, cronyism and patronage being illegal.

This apart, there is no express law regulating nepotism, cronyism, and patronage.

References: Art. 97 of the Constitution

Art. 97: Public offices are organized according to the provisions of law, so as to ensure efficiency and the impartiality of administration. Employment in public administrations is through competitive examinations, except in those cases established by law.

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments: There is no ad hoc redress system. Civil servants can appeal to the judiciary, which is commonly considered independent from politics.

References: Arts 24, 103 and 113 of the Constitution

Art 24: Everyone can take judicial action to protect individual rights and legitimate interests. The right to defence is inviolable at every stage and moment of the proceedings. The indigent 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.

Art. 103: The Council of state and the other organs of judicial administration have jurisdiction for safeguarding before the public administration legitimate rights and, in particular matters laid out by law, also subjective rights.

Art. 113: Against acts of the public administration the judicial safeguarding of rights and legitimate interests before the organs of ordinary or administrative justice is always permitted. Such judicial protection may not be excluded or limited in particular kinds of appeal or for particular categories of acts. The law determines which judicial bodies are empowered to annul acts of public administration in the cases and with the consequences provided for in the law itself.

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments: Disqualification can be temporary or perpetual.

References: Arts. 28, 29 and of Criminal Code (general rules for disqualification from holding pulic offices). Specific penal norms set disqualification as additional sanction (e.g. art. 383 of Criminal Code)

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments: In general, civil cervants are protected from political interferences.

References: Book by Gian Antonio Rizzo and Sergio Stella, May 2007: La Casta

Peer Review Comments: It is commonly known that often, civil servants at high levels in the public administration got their jobs due to their political affiliation.

Peer Review Comments: Italian public administration is not free from patronage and manipulations related to a civil servant's appointment procedures. In this context, it is impossible to exclude political interferences in the administrative process.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments: There are no official figures on violation in appointment procedures. Nevertheless, investigation both from the magistrature and the High Commissioner for Fighting Corruption depicts a scenario where examinations are often rigged, less or more seriously. One of the "hot spots" is the system of employment for academics.

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

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments: Nepotism, cronysm and partonage are more present in specific sectors, for example the central public administration offices and in the universities. Public competitive examinations seem to be quite often rigged in order to favor specific candidates.

References: Book by Gian Antonio Rizzo and Sergio Stella, May 2007 La Casta

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments: Quite often there are offices in the public administrations whose functions are unknown.

References: Book by Rizzo, Gian Antonio and Stella, Sergio, May 2007 La Casta

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments: Except for politicians, whose salaries and bonuses are very high, the salary for civil servants is fixed with national laws and collective contracts. There is a discussion to reform the public sector by introducing evaluation systems and bonuses to civil servants related to the results.

References: Book by Rizzo, Gian Antonio and Stella, Sergio, May 2007 La Casta

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments: By reading the reports of single public bodies it is possible sometimes to find information about the number of employees set by law and the number of the staff. In general this happens with special authorities, more recent and ruled by more transparent principles, of with police forces: for example, the tax police (Gurdia di Finanza) the Authority for the figth against corruption. Such lists are never published by the government.

References: Book by Rizzo, Gian Antonio and Stella, Sergio, May 2007 La Casta

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments:

References: There is no specific redress system.

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments: Salaries are paid on time. In 2007, contracts for civil servants have been renewed to increase salaries.

References: [ LINK ]

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments: Cesare Previti's story is an emblematic example of the inefficacy of the prohibition. Previti was sentenced for corruption and banned from public services in 2003. He has been minister of Defence during Berlusconi's government and member of the Parliament since July 31, 2007.

References: [ LINK ] [ LINK ]

Peer Review Comments: A judicial court's decision can ban a convicted civil servant from future government employment.

Peer Review Comments: Cesare Previti's story is a true example, but I would say it presents a serious and quite infrequent situation, not one that occurs regularly.

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments: Such law applies only to the prime minister, ministers and vice-ministers, state undersecretary and extraordinary commissioners (Commissari straordinari dello Stato).

References: Law 20/04/2004 no. 215.

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting civil servants\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: Such law applies only to the prime minister, ministers and vice-ministers, state undersecretary and extraordinary commissioners (Commissari straordinari dello Stato). The restriction is limited to specific cases and lasts for 12 months after the resignation.

References: Law 215 of January 20, 2004

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments:

References: There is no such law.

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Articles by Marini, Andrea (1) and Dragoni, Gianni (2): Un reticolo di incarichi "vietati" agli onorevoli; Nomine, la carica di ex deputati e uomini Iri"

Peer Review Comments: It is urgent to discuss, pass and enforce a comprehensive and effective law on conflicts of interest in order to regulate interactions between the public and private sectors. The lack of such a law has been an Italian structural problem for 15 years.

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: There is no information on this issue. The perception is that there is still little control on this, and in many offices the codes of ethics are not applied. As a consequence, there is the possibility that the regulations governing gifts and hospitality to civil servants are generally applied, though exceptions exist.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments: Although there are no precise figures on this issue, in particular with regards to local administrations, the perception is that such ethic rule is not enforced, but is left to personal discretion. The existence of personal discretion doesn't mean per se that "Most civil servants routinely ignore recusal requirements and continue to participate in policy decisions where their personal interests are affected" (score 0).

References: Book by Stella, Gian Antonio and Rizzo, Sergio, May 2007 La Casta

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments: The duty to disclose assets is limited to top managers of public bodies or of private bodies where the state holds a participation.

References: Law 441/82, art. 12

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments: The article reports data of 2006.

References: Article by Andrea Marini and Giovanni Parente: Nella Classifica dei redditi, il primo è Cardia

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments: Information is free of charge.

References: Article by Andrea Marini and Giovanni Parente: Nella Classifica dei redditi, il primo è Cardia