Council of Europe: Fifth Report on Italy by the Group of States against Corruption (GRECO), 2024
Italy has been a member of GRECO since 2007 and has undergone four evaluation cycles (in 2007, 2009, 2012 and 2016), which focused on different topics related to preventing and combating corruption.
In Italy, according to the latest data, perception of corruption remains above the EU average. As reported by the Transparency International’s Global Corruption Barometer 2021, 85% of respondents living in Italy think that corruption in government is a serious problem (while the EU average is 62%). Despite this, as seen in the last national election campaign in 2022, the fight against corruption and conflicts of interest are no longer a key element of the public and political debate.
While law enforcement agencies are very active in the fight against corruption, some recent legislative developments may raise concerns. As a matter of fact, on 10 July 2024, the Deputies Chamber gave final approval to a bill canceling the office abuse offense (Article 323 of the Criminal Code), which concerns those who commit offenses in the exercise of their functions as public officials.
The fifth evaluation cycle of Italy produced the last GRECO evaluation report that was adopted on 22 March and published on 28 August 2024. The aim of the report is to assess the efficiency and effectiveness of the measures adopted by the Italian authorities to prevent central governments and police forces’ corruption and promote their integrity.
The report contains a critical analysis of the situation, taking into consideration the efforts made by the involved parties and the obtained results. It identifies possible shortcomings and it provides recommendations for improvement.
As a demonstration of this situation, in the report, GRECO notes that Italy possesses a substantial legal and institutional framework, within the central government, for preventing and combating corruption. However, this framework is difficult to master, to the detriment of its efficiency. More generally, there is no common framework of integrity rules applicable to all persons holding high-level executive positions. Therefore, a systemic integrity risk analysis and a specific code of conduct should be applicable to all, supplemented by appropriate supervision, awareness-raising activities and confidential advice on ethical issues. Furthermore, the system of standards on corruption and integrity risk analysis should be included in a specific anti-corruption programme and made public.
GRECO expresses concern about the low presence of women within the State Police, Carabinieri, and Guardia di Finanza, especially in management roles. More efforts should be taken to promote a more equal representation. Furthermore, although a system is in place to prevent risks related to integrity in the contexts of role and position changing within police forces, it is suggested to improve it by introducing transparency controls on transfers and promotions, as well as periodic reviews for the most exposed roles.
The report includes 19 recommendations addressed to Italy for the central government and senior executive positions, as well as for police forces.
The recommendations, which aim to improve the transparency of high-level executive functions, include the establishment of integrity checks for senior executives at the time of appointment, corruption risk analyses, the adoption of a code of conduct for senior executives, training to raise awareness about integrity, ensuring an adequate level of consultation on proposed legislation the introduction of rules on contacts with lobbyists, guidelines on the management of conflicts of interest, authorisations for external positions, the regulation of gifts for managers, the strengthening of the post-appointment regime, the obligation to declare financial interests, the verification of managers' declarations and, finally, the guarantee of effective, proportional and dissuasive sanctions in case of conflicts of interest.
More specifically, in the legislative sphere, GRECO recommends that an appropriate level of general public consultation on government bills should be ensured and that the only exceptions to public consultations should be specific and limited. In addition, the report calls for specific rules on interaction with lobbyists and any third parties that seek to influence legislative and other government activities; and for sufficient information to be provided regarding the purpose of these contacts.
Regarding conflicts of interest, GRECO recommends the introduction of clear and comprehensive measures and guidelines for the prevention and resolution of conflicts of interest and the introduction of an ad hoc obligation to declare situations of conflict between one's private interests and official functions.
Finally, the report calls for an obligation to declare financial interests publicly for persons with high-level executive functions, so that they can be monitored by the relevant institutions.
Regarding law enforcement agencies, GRECO recommends greater gender representation, the adoption of a code of conduct for the State Police, accompanied by effective monitoring, and a specific manual for the Carabinieri and Guardia di Finanza. Recommendations include the introduction of external personnel, outside police forces, to provide advice on ethical issues, the promotion of integrity checks in position changes and promotions, and the development of training on whistleblower protections at all levels.
Within 18 months of the approval of this report, Italy is required to send a report on the actions taken in response to GRECO's recommendations.