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OECD Integrity Review of Italy OECD Public Governance Reviews OECD Public Governance Reviews OECD Integrity Review of Italy OECD Public Governance Reviews REINFORCING PUBLIC SECTOR INTEGRITY, RESTORING TRUST FOR SUSTAINABLE GROWTH OECD Integrity Contents Preface Review of Italy Executive summary REINFORCING PUBLIC SECTOR INTEGRITY, Chapter 1. Restoring confi dence in sustainable growth RESTORING TRUST FOR SUSTAINABLE GROWTH Chapter 2. Strengthening integrity in the Italian public sector Chapter 3. The new anti-corruption law Chapter 4. Institutional co-ordination Chapter 5. Codes of conduct Chapter 6. Whistleblower protection Chapter 7. Integrity risk management OECD Integrity Review of Italy Consult this publication on line at http://dx.doi.org/10.1787/9789264193819-en. This work is published on the OECD iLibrary, which gathers all OECD books, periodicals and statistical databases. Visit www.oecd-ilibrary.org for more information. ISBN 978-92-64-19380-2 42 2013 08 1 P -:HSTCQE=V^X]UW: 422013081Cov.indd 1 11-Sep-2013 9:52:15 AM OECD Public Governance Reviews OECD Integrity Review of Italy REINFORCING PUBLIC SECTOR INTEGRITY, RESTORING TRUST FOR SUSTAINABLE GROWTH The opinions expressed and arguments employed in this publication do not necessarily reflect those of the OECD, its Development Centre or of the governments of their member countries. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Please cite this publication as: OECD (2013), OECD Integrity Review of Italy: Reinforcing Public Sector Integrity, Restoring Trust for Sustainable Growth, OECD Public Governance Reviews, OECD Publishing. http://dx.doi.org/10.1787/9789264193819-en ISBN 978-92-64-19380-2 (print) ISBN 978-92-64-19381-9 (PDF) Series: OECD Public Governance Reviews ISSN 2219-0406 (print) ISSN 2219-0414 (online) The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. Photo credits: Cover © Shutterstock/afitz. Corrigenda to OECD publications may be found on line at: www.oecd.org/publishing/corrigenda. © OECD 2013 You can copy, download or print OECD content for your own use, and you can include excerpts from OECD publications, databases and multimedia products in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgment of the source and copyright owner is given. All requests for public or commercial use and translation rights should be submitted to [email protected]. Requests for permission to photocopy portions of this material for public or commercial use shall be addressed directly to the Copyright Clearance Center (CCC) at [email protected] or the Centre français d'exploitation du droit de copie (CFC) at [email protected]. FOREWORD – 3 Foreword Well-functioning democracies rely on the trust and confidence of citizens and businesses, which legitimise the decisions taken by government officials and create the conditions for effective policy making and implementation. In turn, trust and confidence in government depend on integrity and transparency, to the extent that they set high standards of conduct in the public sector. With the approval by the Italian Parliament of Law No. 190 in November of 2012, on “Provisions for the prevention and prosecution of corruption and illegality in public administration”, Italy is investing in trust by strengthening integrity in the public sector. The Law provides a welcome paradigm shift towards a comprehensive corruption prevention approach in Italy’s public sector due to its focus on planning, coordination and evaluation. It complements existing performance management provisions and broadens internal control mechanisms, addressing important gaps in Italy’s integrity framework, and advancing the implementation of international standards and commitments from the United Nations, the Council of Europe and the G20. This OECD Integrity Review provides evidence-based guidance to help Italy advance towards full implementation of the core elements of the Law, including institutional coordination, codes of conduct, whistle-blower protection and integrity risk management. Together, these elements are essential components of a solid integrity framework: an independent national anticorruption authority, tasked with coordinating and assessing a national integrity plan, and shared ownership and responsibility with public agencies and public sector employees, to whom the Law provides both the mandate and the means to prevent, monitor and report corruption. The Review highlights the need to underpin coordination with clearly defined roles and responsibilities, and effective mechanisms to plan, monitor and assess implementation of the future anti-corruption plans and strategies, especially at the sub- national level. Further strengthening the capacity for integrity management – particularly arrangements for internal audits, information-sharing, and clear reporting channels – would facilitate continuous institutional learning. Proactive support mechanisms, through awareness building and training, will be also important to achieve full implementation of the new code of conduct and whistle-blower protection legislation. Likewise, fully leveraging integrity risk management as a tool to prevent waste, fraud and corruption in public administration will require capacity building and a strong effort of alignment with broader internal control mechanisms. OECD INTEGRITY REVIEW OF ITALY: REINFORCING PUBLIC SECTOR INTEGRITY, RESTORING TRUST FOR SUSTAINABLE GROWTH © OECD 2013 4 – FOREWORD Italy’s tomorrow depends on the actions it takes today. Decisive implementation of the Law, and continued efforts to embed the public sector with a renewed culture of integrity, both at national and sub-national level, will be critical for restoring trust in government and strengthen the viability and sustainability of the economic recovery efforts. The OECD stands ready to continue working with the Italian government in strengthening the capacity of its public sector to design, promote and implement better policies for better lives. Angel Gurría, OECD Secretary-General OECD INTEGRITY REVIEW OF ITALY: REINFORCING PUBLIC SECTOR INTEGRITY, RESTORING TRUST FOR SUSTAINABLE GROWTH © OECD 2013 ACKNOWLEDGEMENTS – 5 Acknowledgements Under the guidance of Rolf Alter and Janos Bertók, this review was led by Paloma Baena Olabe and Julio Bacio Terracino. Sana Al-Attar, Nicholas Bian, Ahmet Coskun, Ulrika Kilnes and James Sheppard also drafted sections of the report. The review benefited from contributions from Emma Cantera, Giorgio Fraschini, Lorenzo Segato and Giulio Nessi. The report was edited by Ken Kincaid, editorial and administrative assistance was provided by Sarah Michelson and Kate Lancaster. The OECD expresses its gratitude to the Italian Government, particularly the Ministry for Public Administration for the open and constructive dialogue. Special thanks go to Filippo Patroni Griffi, Minister of Public Administration; Antonio Naddeo, Head of Department for Public Administration; Roberto Garofoli, Chief of Staff of the Minister and Co-ordinator of the Committee on Analysis and Design of Proposals in the Field of Transparency and Anticorruption; Pia Marconi, Director General for the Modernisation of Public Administration; Stefano Pizzicannella, Director of International Affairs in the Simplification Unit; Romilda Rizzo, President, Luciano Hinna, Commissioner, and Carlotta Fiumara fom the Independent Commission for the Evaluation, Integrity, and Transparency of Public Administration (CIVIT). Special thanks are also attributed to Ermanno Granelli and Alessandra Pomponio, Court of Auditors; Pietro Tramuto; Magda Bianco, Head of Law and Economics Division in the Bank of Italy; Sergio Gallo, Counsellor in AVCP; Veronica Nicotra, Under Secretary-General of the National Association of Italian Local Governmnents; Carlo La Rotonda, Confindustria; and Anna Maria Buzzi, president of the informal association of Heads of Independent Performance Evaluation Units (OIVs). Finally, this review benefited from invaluable input provided by OECD peers, in particular those who participated in the High-Level Forum in Rome on 29 October 2012. They are Sue Gray, Director, Office of Propriety and Ethics Team, Cabinet Office, the United Kingdom; Jane Ley, Deputy Director, Office of Government Ethics, United States, and Rok Praprotnik, Deputy Chief-Commissioner, Commission for the Prevention of Corruption, Slovenia. Mary Anne Stevens, Director, Policy and Legislation (Values and Ethics), Canada, chaired the peer review discussions at the OECD Public Sector Integrity Network on 20-21 November 2012 and also provided invaluable comments on the draft report. OECD INTEGRITY REVIEW OF ITALY: REINFORCING PUBLIC SECTOR INTEGRITY, RESTORING TRUST FOR SUSTAINABLE GROWTH © OECD 2013 TABLE OF CONTENTS – 7 Table of contents Executive summary ......................................................................................................................... 11 Structural reforms require trust to be successfully restored .......................................................... 11 Trust can be restored by strengthening public sector integrity .....................................................
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