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2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	53
73	Can citizens access the anti-corruption agency?	100

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments: The commissioner is nominated by the Council of Ministers. The "prevention, search and denunciation" of economic crimes (in general), is one of the main tasks of the Tax police (Guardia di finanza). The Tax police has a special unit (Nucleo Speciale Tutela Pubblica Amministrazione) that cooperates directly with the High Commissioner.

References: Alto Commissario per la lotta alla corruzione Law 3 of January 16, 2003 [ LINK ]

Guardia di Finanzia http:www.guardiadifinanzia.it

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments: The High Commissioner is appointed by the president of the republic, on proposal of the Council of Ministers and the prime minister. The budget of the structure is part of the budget of the presidency of the Council of Ministers, i.e. it has no financial independence from political power

The head of the Tax police (Guardia di Finanza) responds to the Ministry of Economics and can be removed.

References: DPR October 6, 2004, no. 258

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments: The agency has limited powers, and it is independent in using such powers. However, the past commissioner has been changed when the prime minister has changed, thus showing strict links between the two figures.

References: www.anticorruzione.it

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments:

References: The High Commissioner can be removed when the government changes. The General Commander of Guardia di Finanza can be removed by the minister of Economics.

Peer Review Comments: Recent contrasts between Vice Minister of Finance Vincenzo Visco and Commander General of the Tax and Customs Police (Comandante Generale della Guardia di Finanza) Roberto Speciale caused the general's removal and have highlighted a substantive political influence on anti-corruption agencies.

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

Score:

100

Comments: Although there is a spoil system to control top positions within these bodies, the large majority of officials and tax police officers are selected with correct, fair and transparent criteria.

References: [ LINK ]

Peer Review Comments: Selection process is too often influenced by personal loyalties, family connections and political considerations.

72e: In practice, the anti-corruption agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: [ LINK ]

See the relation of the high commissioner about the functional limits of its structure: [ LINK ]

Guardia di Finanza: see[ LINK ] Guardia di finanza has almost 70.000 police officers

72f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments:

References: Report by high commissioner: Relazione dell'Alto Commissario al presidente del Consiglio dei ministri [ LINK ]

Guardia di finanza receives regular funding.

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments:

References: The high Commissione is obliged to submit reports to the prime minister every six months. Of there, only one is available to date on the website.

Report by high commissioner: Relazione dell'Alto Commissario al presidente del Consiglio dei ministri [ LINK ]

Guardia di Finanza makes regular reports and many media news -see for example [ LINK ]

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments:

References: Report by high commissioner: Relazione dell'Alto Commissario al presidente del Consiglio dei ministri [ LINK ]

Guardia di finanza has sufficient powers

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments: The problem is the reluctancy of other administrations to cooperate with the High Commissioner

References: Report by high commissioner: Relazione dell'Alto Commissario al presidente del Consiglio dei ministri [ LINK ]