Law No. 190 of 2012 concerning provisions for the prevention and contrast of corruption and misconduct in the public administration.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Law 190 of 2012 defines the functions and powers of the National anti-corruption Authority (ANAV - Autorità nazionale anticorruzione) and of the other competent authorities in the prevention and contrast of misconduct and corruption in Italy. It is organised in 2 articles; Art 1 is the anti-corruption discipline and is divided in 83 paragraphs, and Art 2 establishes a no additional expenses clause for the implementation of the law.
The Act recognises the already existing Commission for the evaluation, transparency and integrity of public administration (law No. 150/2009) as the National anti-corruption Authority and conferring to it consultation, investigation and control functions and powers. The Authority's functions include collaboration with other international authorities and organisations, approval of the national anti corruption plan and several corruption prevention activities. To what concerns powers, the Commission has inspection powers to obtain information and documents, and make orders on transparency issues.
Under paragraph 4 the Department of public administration (Dipartimento della funzione pubblica) is responsible for coordinating and implementing national and international anti-corruption strategies; defining methodologies and standards in the fight against corruption, preparing the Anti-corruption National Plan and other functions.
The Prefect has also important anti-corruption functions under paragraph 6 (technical support yo local public administrations), and 52 and 55 (control over public suppliers register to prevent organised crime infiltrations). The role of the central agencies of public administration is defined by paragraph 5 and paragraph 59; paragraph 60 clarifies the role of the Regions.
Paragraphs 7, 8, 10, 12, 13 e 14 provide for the appointment of the Responsible for prevention and corruption and identify the functions, powers, responsibilities and related sanctions, as well as transparency requirements.
The Act recognises the already existing Commission for the evaluation, transparency and integrity of public administration (law No. 150/2009) as the National anti-corruption Authority and conferring to it consultation, investigation and control functions and powers. The Authority's functions include collaboration with other international authorities and organisations, approval of the national anti corruption plan and several corruption prevention activities. To what concerns powers, the Commission has inspection powers to obtain information and documents, and make orders on transparency issues.
Under paragraph 4 the Department of public administration (Dipartimento della funzione pubblica) is responsible for coordinating and implementing national and international anti-corruption strategies; defining methodologies and standards in the fight against corruption, preparing the Anti-corruption National Plan and other functions.
The Prefect has also important anti-corruption functions under paragraph 6 (technical support yo local public administrations), and 52 and 55 (control over public suppliers register to prevent organised crime infiltrations). The role of the central agencies of public administration is defined by paragraph 5 and paragraph 59; paragraph 60 clarifies the role of the Regions.
Paragraphs 7, 8, 10, 12, 13 e 14 provide for the appointment of the Responsible for prevention and corruption and identify the functions, powers, responsibilities and related sanctions, as well as transparency requirements.
Attached files
Web site
Entry into force notes
Entry into force 28/11/2012.
Repealed
No
Publication reference
Gazzetta Ufficiale della Repubblica Italiana No. 265 of 1 November 2012.
Source language
English
Legislation Amendment
No
Original title
Legge 6 Novembre 2012, No. 190 Disposizioni per la prevenzione e la repressione della corruzione e dell’illegalità nella pubblica amministrazione”.