EUROPAM

European Public Accountability Mechanisms

Italy

Country score (European Average*)
  • 70(66) Political Financing
  • 52(50) Financial Disclosure
  • 37(40) Conflict of Interest
  • 60(56) Freedom of Information
  • 76(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)34777.95
Population, total60600590.00
Urban population (% of total)69.12
Internet users (per 100 people)61.32
Life expectancy at birth (years)83.49
Mean years of schooling (years)10.9
Global Competitiveness Index4.5
Sources: World Bank, UNDP, WEF.

Political Financing

There are a number of changes in the laws regulating party funding in Italy. The Law on New Norms for the Reimbursement of Expenses (1999, amended 2011) was abolished by Decree in 2014. The other main law is the Law on Funding of Political Parties 2012. The main change brought about by the Decree was that public funding of political parties in Italy was abolished.

The current limits on the private income of political parties are minimal. There are no bans donations from foreign interests or corporations except those partially owned by the government. There are no prohibitions on donations from trade unions and anonymous donors. There are limits on the amount of donation that can be donated however.

As noted above, there is no direct funding of political parties in Italy. However, there are some sources of indirect funding. These are subsides media access allocated based on the share of seats and tax relief. There are also provisions to encourage gender equality.

For spending regulations, vote buying is banned as is the use of some state resources being used in favour or against political parties. There are limits on the amount parties and candidates can spend.

Parties are required to provide accounts which must include information in relation to election campaigns, be made public and must sometimes reveal the identity of donors. Accounts are overseen by the Commission for Transparency and Control of Political Parties and Political Movements. There are sanctions for breaches of the provisions of the law which are fines and the loss of elected office. 


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income28363636
Public funding100626262
Regulations on spending100100100100
Reporting, oversight and sanctions75838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Absent from legal framework.
Is there a ban on donations from foreign interests to candidates? No . Absent from legal framework.

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework.
Is there a ban on corporate donations to candidates? No . Absent from legal framework.
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')). (Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013)
Is there a ban on donations from corporations with government contracts to candidates? Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')). (Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')). (Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework.

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? No. Contributors who donate to registered political parties through non-cash payments equivalent in value to less than €100,000 (about US$137,000) per year, who consent to guarantee the traceability of their operations, and who reveal their true identity are exempt from the requirement that other contributors face to submit a joint declaration with the recipient of the contribution to the President of the Chamber of Deputies. The law allows anonymous donations of up to EUR 50,000 [I$ 61,000] per year for a political party. (Art.5 (3) of Legislative Decree 149/2013 )
Is there a ban on anonymous donations to candidates? No. Contributors who donate to registered political parties through non-cash payments equivalent in value to less than €100,000 (about US$137,000) per year, who consent to guarantee the traceability of their operations, and who reveal their true identity are exempt from the requirement that other contributors face to submit a joint declaration with the recipient of the contribution to the President of the Chamber of Deputies. The law allows anonymous donations of up to EUR 50,000 [I$ 61,000] per year for a political party. (Art.5 (3) of Legislative Decree 149/2013 )

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Funding contributions are prohibited, in any form and in any manner provided by the public administration bodies, public entities, the company 'with participation of public capital exceeds 20 percent or company' controlled by the latter, without prejudice to their private nature, in favor of political parties or their joint organizational and parliamentary groups. ((The prohibition in the previous paragraph also applies to the company 'with participation of public capital at or below 20 percent, as well as' the company' controlled by the latter when such a contribution to the subject in any case ensures public control of the company ')). (Art. 7 of Law 195/1974, modified by Art.9(28) of Law 96/2012, amended 2013)
Is there a ban on any other form of donation? Yes. Each person can not 'make cash donations or other contributions paid in goods or services, in any form or in any way distributed, even by proxy or by means of companies' subsidiaries, except for legacies upon death, in favor of a single political party for a total value greater than EUR 100,000 per year (Art. 10(7) of Legislative Decree 149/2013)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 1. From the year 2014, the cash donations made by individuals in favor of political parties registered in the first section of the register referred to in Article 4 of this decree shall be allowed to deduct expenses for tax purposes Income of individuals governed by the consolidated text of the decree of the President of the Republic December 22, 1986, n. 917, the conditions laid down in paragraph 2 of this article. The benefit referred to in this Article shall also apply to payments in favor of political parties or associations promoting parties made prior to enrollment in the register in accordance with Article 4 and admission to benefits under Article 10, to provided that by the end of these political parties are registered in the register and qualify for the benefits.   2. from gross income shall be deducted the amount of the donations referred to in paragraph 1, amounting to 26 percent for amounts between EUR 30 and EUR 30,000 per year.     4-bis. Starting with the 2007 tax year the cash donations made in favor of political parties, by bank transfer or postal and traceable to the current money laundering legislation, must still be considered deductible under Article 15, paragraph 1-bis, of the single text of the decree of the President of December 22, 1986, n. 917. The same payments continue to be considered deductible under the said Article 15, paragraph 1-bis, or in accordance with this article, even when the related payments are made, even in the form of donation, by candidates and elected to public office in accordance 'forecasts regulations or bylaws resolved by parties or political movements recipients of the grants themselves.   6. From the year 2014, the income tax of the company ', governed by the consolidated text of the decree of the President of December 22, 1986, n. 917, will be deducted, up to the amount of tax gross, an amount equal to 26 percent of the burden for cash donations made to political parties referred to in paragraph 1 of this Article for amounts between 30 euro and 30,000 euro per year, limited to the company 'and to the institutions mentioned in Article 73, paragraph 1 a) and b) of the consolidated text, other than entities in which there is a public participation or whose securities are traded Italian regulated markets or foreign, as well as' from the companies' and institutions that control, directly or indirectly, such persons, or are controlled or supervised by the same company 'or body controlling those entities, as well as' from the companies' dealerships of State and public authorities, for the duration of the concession. (Art. 11 of Legislative Decree 149/2013)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No . Absent from legal framework.
Is there a limit on the amount a donor can contribute to a candidate? Yes. 1. From the year 2014, the cash donations made by individuals in favor of political parties registered in the first section of the register referred to in Article 4 of this decree shall be allowed to deduct expenses for tax purposes Income of individuals governed by the consolidated text of the decree of the President of the Republic December 22, 1986, n. 917, the conditions laid down in paragraph 2 of this article. The benefit referred to in this Article shall also apply to payments in favor of political parties or associations promoting parties made prior to enrollment in the register in accordance with Article 4 and admission to benefits under Article 10, to provided that by the end of these political parties are registered in the register and qualify for the benefits.   2. from gross income shall be deducted the amount of the donations referred to in paragraph 1, amounting to 26 percent for amounts between EUR 30 and EUR 30,000 per year.     4-bis. Starting with the 2007 tax year the cash donations made in favor of political parties, by bank transfer or postal and traceable to the current money laundering legislation, must still be considered deductible under Article 15, paragraph 1-bis, of the single text of the decree of the President of December 22, 1986, n. 917. The same payments continue to be considered deductible under the said Article 15, paragraph 1-bis, or in accordance with this article, even when the related payments are made, even in the form of donation, by candidates and elected to public office in accordance 'forecasts regulations or bylaws resolved by parties or political movements recipients of the grants themselves.   6. From the year 2014, the income tax of the company ', governed by the consolidated text of the decree of the President of December 22, 1986, n. 917, will be deducted, up to the amount of tax gross, an amount equal to 26 percent of the burden for cash donations made to political parties referred to in paragraph 1 of this Article for amounts between 30 euro and 30,000 euro per year, limited to the company 'and to the institutions mentioned in Article 73, paragraph 1 a) and b) of the consolidated text, other than entities in which there is a public participation or whose securities are traded Italian regulated markets or foreign, as well as' from the companies' and institutions that control, directly or indirectly, such persons, or are controlled or supervised by the same company 'or body controlling those entities, as well as' from the companies' dealerships of State and public authorities, for the duration of the concession. (Art. 11 of Legislative Decree149/2013)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. 3 (6). Spaces for messages are offered in terms of equal 'treatment to political parties represented in the organs whose election and' invoked Article 1, paragraph 2. The allocation of space in each container and 'made by drawing lots. Spaces belonging to a political entity and not used may not be offered to other political entity. Each message can 'be transmitted only once in each container. Nobody can 'spread more' of a message in the same container. Assuming party has nominated candidates for at least 25% of seats (or represents a minority). (Article 3 (6), Law n.28/2000, amended 2012 )
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats Yes. Assuming party has nominated candidates for at least 25% of seats (or represents a minority). (Legislative Decree149/2013)
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? Yes. 3 (6). Spaces for messages are offered in terms of equal 'treatment to political parties represented in the organs whose election and' invoked Article 1, paragraph 2. The allocation of space in each container and 'made by drawing lots. Spaces belonging to a political entity and not used may not be offered to other political entity. Each message can 'be transmitted only once in each container. Nobody can 'spread more' of a message in the same container. Assuming party has nominated candidates for at least 25% of seats (or represents a minority). (Article 3 (6), Law n.28/2000, amended 2012 )

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework.
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other Yes. indirect political contributions made by citizens to political parties that respect the requirements of transparency and internal democracy. (Art. 11 of Legislative Decree149/2013)
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. 1. Political parties promote equality 'in access to elected offices in implementation of Article 51 of the Constitution.   2. If, in the total number of candidates of a political party in each election of the Chamber of Deputies, the Senate or the members of the European Parliament belonging to Italy, one of the sexes is represented by less than 40 percent, the resources accruing to the political party under Article 12 are reduced on a percentage of 0.50 for each percentage point of difference between 40 and the percentage of candidates of the less represented gender, up to a maximum total of 10 for percent.   3. For the political parties that have not allocated a portion of at least 10 percent of the sums owed to them under Article 12 to initiatives to increase the active participation of women in politics, the Commission shall impose a fine equal to ((a fifth)) of the sums owed to them under Article 12.   4. From the year 2014, and 'set up a fund into which the resources resulting from the application of paragraphs 2 and 3.   5. The resources of the fund referred to in paragraph 4 shall be divided among the parties ((entered in the second section of the register referred to in Article 4)) for which the proportion of the underrepresented sex elected in each election is equal to or more than 40 percent and are allocated in proportion to the votes obtained by each party in the election of reference. For the purposes specified in this subparagraph shall be deemed elected after the exercise of the options, if required by the relevant electoral legislation. (Art. 9 of Legislative Decree149/2013)
Are there provisions for other financial advantages to encourage gender equality in political parties? Yes. 1. Political parties promote equality 'in access to elected offices in implementation of Article 51 of the Constitution.   2. If, in the total number of candidates of a political party in each election of the Chamber of Deputies, the Senate or the members of the European Parliament belonging to Italy, one of the sexes is represented by less than 40 percent, the resources accruing to the political party under Article 12 are reduced on a percentage of 0.50 for each percentage point of difference between 40 and the percentage of candidates of the less represented gender, up to a maximum total of 10 for percent.   3. For the political parties that have not allocated a portion of at least 10 percent of the sums owed to them under Article 12 to initiatives to increase the active participation of women in politics, the Commission shall impose a fine equal to ((a fifth)) of the sums owed to them under Article 12.   4. From the year 2014, and 'set up a fund into which the resources resulting from the application of paragraphs 2 and 3.   5. The resources of the fund referred to in paragraph 4 shall be divided among the parties ((entered in the second section of the register referred to in Article 4)) for which the proportion of the underrepresented sex elected in each election is equal to or more than 40 percent and are allocated in proportion to the votes obtained by each party in the election of reference. For the purposes specified in this subparagraph shall be deemed elected after the exercise of the options, if required by the relevant electoral legislation. (Art. 9 of Legislative Decree149/2013)

Regulations on spending 

Is there a ban on vote buying? Yes. Anyone who accepts a promise to procure votes by the manner described in the third paragraph of Article 416-bis in return for the delivery or promise of payment of money or other benefits, shall be punished with imprisonment from four to ten years. The same penalty applies to those who promise to buy votes in the manner specified in the first paragraph. (Art. 416ter of Penal Code)
Are there bans on state resources being used in favour or against a political party or candidate? Yes. Broadcasters must ensure to all individuals with political impartiality 'and equity' access to information and communication policy. (Art.2 of Law 28/2000, amended 2012)
Are there limits on the amount a political party can spend? Yes. 1. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 25,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 2. In municipalities with a population exceeding 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 125,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 3. In municipalities with populations greater than 500,000, the expenses for the campaign of each candidate for the office of mayor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 250,000 and the additional amount equal to the product of EUR 0.90 for every citizen registered to municipal elections. 4. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 5,000 and the additional amount equal to product of EUR 0.05 per citizen registered to vote in municipal. In municipalities with populations of more than 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 12,500 and the amount equal to the additional product of EUR 0.05 per citizen registered with the electoral roll municipalities. In municipalities with populations of more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 25,000 and the additional amount equal to the product of EUR 0, 05 for every citizen registered to vote in municipal. 5. In the same common referred to in paragraph 4, the expenses for the campaign of each electoral party, movement or list that participates election, excluding the costs incurred by the individual candidates to the office of mayor and councilor, may not exceed the amount resulting the product of the amount of EUR 1 for the number of citizens registered to vote in municipal. 1. Expenses for the election campaign of each party and political movement that participates in elections of members of the European Parliament belonging to Italy can not exceed the amount obtained by multiplying the amount of EUR 1 for the number of citizens of the Republic registered to vote for the election of the Chamber of Deputies. (Art 13 & 14 Law 96/2012, amended 2013)
Are there limits on the amount a candidate can spend? Yes. 1. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 25,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 2. In municipalities with a population exceeding 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of mayor can not exceed the amount resulting from the sum of the maximum fixed amount of EUR 125,000 and the additional amount equal to the product of € 1 for every citizen registered to vote in municipal. 3. In municipalities with populations greater than 500,000, the expenses for the campaign of each candidate for the office of mayor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 250,000 and the additional amount equal to the product of EUR 0.90 for every citizen registered to municipal elections. 4. In municipalities with a population exceeding 15,000 and not more than 100,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 5,000 and the additional amount equal to product of EUR 0.05 per citizen registered to vote in municipal. In municipalities with populations of more than 100,000 and not more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor can not exceed the maximum amount resulting from the sum of the fixed amount of EUR 12,500 and the amount equal to the additional product of EUR 0.05 per citizen registered with the electoral roll municipalities. In municipalities with populations of more than 500,000 inhabitants, the cost of the election campaign of each candidate for the office of councilor may not exceed the maximum amount resulting from the sum of the fixed amount of EUR 25,000 and the additional amount equal to the product of EUR 0, 05 for every citizen registered to vote in municipal. 5. In the same common referred to in paragraph 4, the expenses for the campaign of each electoral party, movement or list that participates election, excluding the costs incurred by the individual candidates to the office of mayor and councilor, may not exceed the amount resulting the product of the amount of EUR 1 for the number of citizens registered to vote in municipal. 1. Expenses for the election campaign of each party and political movement that participates in elections of members of the European Parliament belonging to Italy can not exceed the amount obtained by multiplying the amount of EUR 1 for the number of citizens of the Republic registered to vote for the election of the Chamber of Deputies. (Art 13 & 14 Law 96/2012, amended 2013)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. 1. In order to guarantee the transparency and accuracy of own accounting and financial management, the political parties and movements, including the lists of candidates which are not the direct expression thereof, but which obtained at least 2% of the votes valiDecree-Lawy expressed during the elections for the renewal of the Chamber of Deputies or that have at least one representative elected in the Chamber of Deputies, Republic’s Senate or European Parliament or in a regional council or in the councils of autonomous provinces Trento and Bolzano, shall resort to an audit company registered in the Special Registry kept by the National Commission for companies and stock exchange, according to article 161 of the unique text of the provisions in the field of financial mediation provided by the Legislative Decree no. 58 of February 24 th 1998 with the further amendments, or, after its establishment, in the registry provided at article 2 of the Legislative Decree no. 39 of January 27 th 2010. (Art 9 of Law 96/2012, amended 2013)
Do political parties have to report on their finances in relation to election campaigns? Yes. 1. In order to guarantee the transparency and accuracy of own accounting and financial management, the political parties and movements, including the lists of candidates which are not the direct expression thereof, but which obtained at least 2% of the votes valiDecree-Lawy expressed during the elections for the renewal of the Chamber of Deputies or that have at least one representative elected in the Chamber of Deputies, Republic’s Senate or European Parliament or in a regional council or in the councils of autonomous provinces Trento and Bolzano, shall resort to an audit company registered in the Special Registry kept by the National Commission for companies and stock exchange, according to article 161 of the unique text of the provisions in the field of financial mediation provided by the Legislative Decree no. 58 of February 24 th 1998 with the further amendments, or, after its establishment, in the registry provided at article 2 of the Legislative Decree no. 39 of January 27 th 2010. (Art 9 of Law 96/2012, amended 2013)
Do candidates have to report on their campaign finances? Yes. 1. In order to guarantee the transparency and accuracy of own accounting and financial management, the political parties and movements, including the lists of candidates which are not the direct expression thereof, but which obtained at least 2% of the votes valiDecree-Lawy expressed during the elections for the renewal of the Chamber of Deputies or that have at least one representative elected in the Chamber of Deputies, Republic’s Senate or European Parliament or in a regional council or in the councils of autonomous provinces Trento and Bolzano, shall resort to an audit company registered in the Special Registry kept by the National Commission for companies and stock exchange, according to article 161 of the unique text of the provisions in the field of financial mediation provided by the Legislative Decree no. 58 of February 24 th 1998 with the further amendments, or, after its establishment, in the registry provided at article 2 of the Legislative Decree no. 39 of January 27 th 2010. (Art 9 of Law 96/2012, amended 2013)
Is information in reports from political parties and/​or candidates to be made public? Yes. 10. The political parties and movements that did not fulfil their obligations provided at article 8 lines from 5 to 10-bis of the Law no. 2 of January 2 nd 1997, as last amended by this article, or that omitted to publish on their own websites the documents provided at line 20 of this article within the term provided at line 20 or in the situations provided at line 8, until October 31st shall be sanctioned (Art 9(10) of Law 96/2012, amended 2013)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. 10-bis. In case of donations of any value, the identity of the financer shall be provided”. (Art 9(23) of Law 96/2012, amended 2013)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. Parties report to the President of the respective chamber for which they have run, who forwards the reports to the Court of Auditors (Corte dei Conti). This is a standing, independent body, whose mandate is to control public expenditures. For each election, it establishes an ad hoc committee, composed of three judges of the same Court, to review the campaign expense reports filed by the political parties. (Art 11-13 of Law 96/2012, amended 2013)
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Special institution Yes. It established the Commission for the transparency and control of the accounts of parties and political movements, hereinafter called 'the Commission'. The Commission is based at the Chamber of Deputies, which provides, in equal measure by the Senate of the Republic, to ensure its operability 'through the necessary equipment secretarial staff. ((To carry out the tasks entrusted to it by the law Commission may 'altresi' use of five units' personnel, officials of the Court of Accounts, involved the activities 'revision, and two units' of staff, employees from other government agencies, expert in the attivita 'accounting control. The employees in the third period are placed out of position by the administrations of belonging and benefit from the same gross salary per annum in enjoyment at the time of the appointment, including the allowances' accessory, paid that administrations of membership. Upon placement out the role of the aforementioned employees, and 'made unavailable for the duration of the leave of a number of places in the staffing of the administration of belonging equivalent from the point of view financial)) . The Commission 'consists of five members, of which one appointed by the First President of the Court of Cassation, one appointed by the Chairman of the Council of State and three appointed by the President of the Court of Auditors. All components are selected from among the judges of the respective jurisdictional qualified no less than that of advisor to Supreme or equivalent. The Commission 'appointed, on the basis of the nominations made ​​in accordance with this paragraph, act jointly with the Presidents of the Senate and the Chamber of Deputies, published in the Official Gazette. By the same document and 'identified among the members of the President of the Commission, which coordinates the work. The members of the Commission is not 'paid any compensation or indemnity 'for the activities' assistance under this Act. ((For the term of office, members of the Commission are placed out of position by general membership, according to Article 1, paragraphs 66 and 68 of the Law of 6 November 2012, n. 190)) . The mandate of the members of the Commission and 'four years and' renewable once. ((5)) 4. The Commission carries out the control of regularity 'and compliance 'with the law (Art 9 of Law 96/2012, amended 2013)
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. it established the Commission for the transparency and control of the accounts of parties and political movements, hereinafter called 'the Commission'. The Commission is based at the Chamber of Deputies, which provides, in equal measure by the Senate of the Republic, to ensure its operability 'through the necessary equipment secretarial staff. ((To carry out the tasks entrusted to it by the law Commission may 'altresi' use of five units' personnel, officials of the Court of Accounts, involved the activities 'revision, and two units' of staff, employees from other government agencies, expert in the attivita 'accounting control. The employees in the third period are placed out of position by the administrations of belonging and benefit from the same gross salary per annum in enjoyment at the time of the appointment, including the allowances' accessory, paid that administrations of membership. Upon placement out the role of the aforementioned employees, and 'made unavailable for the duration of the leave of a number of places in the staffing of the administration of belonging equivalent from the point of view financial)) . The Commission 'consists of five members, of which one appointed by the First President of the Court of Cassation, one appointed by the Chairman of the Council of State and three appointed by the President of the Court of Auditors. All components are selected from among the judges of the respective jurisdictional qualified no less than that of advisor to Supreme or equivalent. The Commission 'appointed, on the basis of the nominations made ​​in accordance with this paragraph, act jointly with the Presidents of the Senate and the Chamber of Deputies, published in the Official Gazette. By the same document and 'identified among the members of the President of the Commission, which coordinates the work. The members of the Commission is not 'paid any compensation or indemnity 'for the activities' assistance under this Act. ((For the term of office, members of the Commission are placed out of position by general membership, according to Article 1, paragraphs 66 and 68 of the Law of 6 November 2012, n. 190)) . The mandate of the members of the Commission and 'four years and' renewable once. ((5)) 4. The Commission carries out the control of regularity 'and compliance 'with the law (Art 9 of Law 96/2012, amended 2013)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose Yes. Commission for transparency and control of the political parties' and the political movements' accounts(Commissione per la trasparenza e il controllo dei rendiconti dei partiti e dei movimenti politici) (Art 9 of Law 96/2012, amended 2013)
Institution responsible for examining financial reports and/or investigating violations: Other Yes. To guarantee the transparency and accuracy of the accounting and financial management of registered political parties the Decree requires external certification of their accounts. (Id. art. 7(1).) The same obligation applies to the regional branches of registered political parties that have received total contributions in the previous year of at Ieast€150,000. (Id.art. 7(2).) (Art 9 of Law 96/2012, amended 2013)
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework.
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other Yes. 6. No later than July 15th of each year, the Commission shall submit to the Presidents of Republic's Senate and of the Chamber of Deputies the lists of political parties and movements that have observed or not the obligations provided at line 4 as concerns the previous financial year. (Art 9 of Law 96/2012, amended 2013)
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. In case of non-submission of the actual expenditure by the electoral parties, political movements and lists ((for municipalities with populations greater than 30,000.)) , the college set up by the regional section of the control of the Court of Auditors shall impose administrative fine of EUR 50,000 to EUR 500,000. Anyone who fails to fulfill the obligations set out in the third, fourth and fifth paragraph states that the amounts or values under real 'punished with a fine of two to six times the amount of undeclared and with the penalty of disqualification from public office temporary pursuant to the third paragraph of Article 28 of the Criminal Code. In case of non-compliance with the provisions of Article 7 of this Decree or the obligation to submit the report and its annexes or the verbal approval of the report by the competent internal organ, if the non-compliance not be remedied by subsequent October 31, the Commission has, for the tax period following that in progress on the date of the complaint, the cancellation of the political party ((from)) register referred to in Article 4. 3. To political parties which have not complied with the obligations of Article 8, paragraphs 5 to 10-bis of the Law of 2 January 1997, n. 2, or fail the publication on its website of the documents referred to in Article 5, paragraph 2, of this decree in the time limit specified therein, the Commission shall impose an administrative fine consisting in the deduction of one-third of the sums owed ​​to them Article 12. 4. The political parties that in the cash flow for the year have omitted data that have declared data dissimilar than the scriptures and to the accounting records, the Commission applies the administrative fine equal to the undeclared or departs from it, consisting in the deduction of the amounts to them due under Article 12, in the limit of one third of the amount thereof. Where one or more 'voices of the statement of a party not represented in accordance 'with the model in Annex A to the law 2 January 1997 n. 2, the Commission shall impose a fine of up to one-twentieth of the amounts due to it under Article 12. 5. The political parties that the report on operations and the notes have failed to indicate, in whole or in part, the information provided for in Annexes B and C to the law 2 January 1997 n. 2, or does not have represented corrected or true, the Commission shall apply to any information omitted, not properly represented or showing data not corresponding to the truth, the fine of up to one-twentieth of the sums owing to them under ' Article 12, within the limit of a third of the same. 6. Except as provided in paragraph 2, the penalties imposed may not exceed a whole two-thirds of the amounts payable under Article 12. In the application of sanctions, the Commission takes account of the seriousness' of irregularities' orders and state reasons. 7. If the non-compliance and irregularities' referred to in paragraphs 2 to 5 were committed by olitical parties who have already ' perceived all sums owing to them under Article 12 and not entitled to perceive new, the Commission applies the relevant administrative fines either directly to the political party up to the limit of two thirds of it altogether assigned under Article 12 last year. (Art. 13 of Law 96/2012, amended 2013 Art.4 of Law 18 November 1981, n. 659, amended 2013 Art.8 of Legislative Decree 149/2013)
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework.
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework.
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office Yes. Anyone who fails to fulfill the obligations set out in the third, fourth and fifth paragraph states that the amounts or values under real 'punished with a fine of two to six times the amount of undeclared and with the penalty of disqualification from public office temporary pursuant to the third paragraph of Article 28 of the Criminal Code (Art.4 of Law 18 November 1981, n. 659, amended 2013)
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2017


Legislation

Law 195/1974, modified by Art.9(28) of Law 96/2012 (Italian)pdf
Legislative Decree 149/2013 (Italian)pdf
Penal Code (Italian)pdf
Law 28/2000, amended 2012 (Italian)pdf
Law 96/2012, amended 2013 (Italian)pdf
Law 18 November 1981, n. 659, amended 2013 (Italian)pdf

Financial Disclosure

Italy’s Head of State is not included in disclosure legislation. Law 441 (1982) regulates the disclosure requirements for Ministers and Members of Parliament. Both must declare real estate, movable assets, and income from outside employment that is subject to income tax. Additionally, public employment, entrepreneurial activities or any positions in private enterprises must be declared. Relatives are included in the disclosure. For Civil Servants, the Code of Conduct for Government Employees (2013) requires the declaration of shareholdings, financial interests, and direct or indirect relationships with private entities for the previous three years. In addition, Civil Servants who enter early retirement are restricted from engaging in consultancy contracts with the administration for the following five years.

While Ministers and MPs make their declarations annually, Civil Servants only do so upon taking office. Ministers may face disciplinary sanctions for late filling and possible imprisonment for non-filling and false disclosure. For MPs and Civil Servants, disciplinary sanctions are specified only for late and non-filling.

While the Competition Authority is responsible for collecting Minister’s declarations, the President of the Senate is the responsible enforcement body. Members of Parliament submit their declarations with the Presidency Office of the Chamber to which they belong, which enforces requirements but does not verify the accuracy of declarations. Civil Servants submit their declarations to the Head of Office while no agency is specified for verifying their accuracy. All disclosure statements are made publicly available in an official bulletin.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items44383839
Filing frequency44565656
Sanctions50585858
Monitoring and Oversight50565656
Public access to declarations25505050

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers71898989
Members of Parliament65767676
Civil servants34424243

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. The declarations referred to in this Section (Law Conflict of Interests) shall also be rendered by the spouses of holders of government office and by their relatives up to the second degree of kinship. (Section 5.6 of Law No. 215 on Conflicts of Interest (adopted 2004))
Income and Assets
Real estate Yes. 1) a statement of the real rights on real estate and on movable registered in public records (Article 2.1 of Law 441 on Financial Disclosure (adopted 1982))
Movable assets Yes. 1) a statement of the real rights on real estate and on movable registered in public records (Article 2.1 of Law 441 on Financial Disclosure (adopted 1982))
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. 2) copy of the statement of income subject to income tax of individuals; (Article 2.2 of Law 441 on Financial Disclosure (adopted 1982))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Within thirty days of taking government office holders of government office shall declare to the Competition Authority established by Section 10 of Law No. 287/1990 the situations of incompatibility referred to in Section 2.1 of this law in existence at the date of taking of offic. Art. 11 of Law 441 on Financial Disclosure details the applicabiity of asset disclosure. Holders of government office must declare their incompatibilities, such as public employment and holding offices, positions or performing other functions in public-law entities, including economic entities, for-profit companies or engaging in activities of an entrepreneurial nature. According to Article 2 of Law 441 on Financial Disclosure (1982), Ministers must declare shares of participation in companies. (Article 2 and Article 11 of Law 441 on Financial Disclosure (adopted 1982) Section 5.2 of Law No. 215 on Conflicts of Interest (adopted 2004))
Ownership of state-owned enterprises (SOEs) Yes. Within thirty days of taking government office holders of government office shall declare to the Competition Authority established by Section 10 of Law No. 287/1990 the situations of incompatibility referred to in Section 2.1 of this law in existence at the date of taking of offic. Art. 11 of Law 441 on Financial Disclosure details the applicabiity of asset disclosure. Holders of government office must declare their incompatibilities, such as public employment and holding offices, positions or performing other functions in public-law entities, including economic entities, for-profit companies or engaging in activities of an entrepreneurial nature. According to Article 2 of Law 441 on Financial Disclosure (1982), Ministers must declare shares of participation in companies. (Article 2 and Article 11 of Law 441 on Financial Disclosure (adopted 1982) Section 5.2 of Law No. 215 on Conflicts of Interest (adopted 2004))
Holding government contracts Yes. Within thirty days of taking government office holders of government office shall declare to the Competition Authority established by Section 10 of Law No. 287/1990 the situations of incompatibility referred to in Section 2.1 of this law in existence at the date of taking of offic. Art. 11 of Law 441 on Financial Disclosure details the applicabiity of asset disclosure. Holders of government office must declare their incompatibilities, such as public employment and holding offices, positions or performing other functions in public-law entities, including economic entities, for-profit companies or engaging in activities of an entrepreneurial nature. According to Article 2 of Law 441 on Financial Disclosure (1982), Ministers must declare shares of participation in companies. (Article 2 and Article 11 of Law 441 on Financial Disclosure (adopted 1982) Section 5.2 of Law No. 215 on Conflicts of Interest (adopted 2004))
Board member, advisor, or company officer of private firm Yes. Within thirty days of taking government office holders of government office shall declare to the Competition Authority established by Section 10 of Law No. 287/1990 the situations of incompatibility referred to in Section 2.1 of this law in existence at the date of taking of offic. Art. 11 of Law 441 on Financial Disclosure details the applicabiity of asset disclosure. Holders of government office must declare their incompatibilities, such as public employment and holding offices, positions or performing other functions in public-law entities, including economic entities, for-profit companies or engaging in activities of an entrepreneurial nature. According to Article 2 of Law 441 on Financial Disclosure (1982), Ministers must declare shares of participation in companies. (Article 2 and Article 11 of Law 441 on Financial Disclosure (adopted 1982) Section 5.2 of Law No. 215 on Conflicts of Interest (adopted 2004))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. According to Articles 2 and 10 of Law No. 441 on Financial Disclosure (1982), the President of the Council of Ministers, Ministers and Undersecretaries of State must comply with the declaration requirements set forth by the law within 3 months of taking office. According to Section 5 of Law No. 215 on Conflicts of Interest, 2004, holders of government office must submit the declarations required by such law within thirty days from taking office. (Articles 2 and 10 of Law No. 441 on Financial Disclosure (adopted 1982) Section 5.1 of Law No. 215 on Conflicts of Interest (adopted 2004))
Filing required upon leaving office Yes. According to Articles 4 and 10 of Law No. 441 on Financial Disclosure (1982), the President of the Council of Ministers, Ministers and Undersecretaries of State must comply with the declaration requirements set forth by the law within 3 months of leaving office. Although Law 215 on Conflicts of Interest for Ministers (2004) does not require submission of declarations upon leaving office, Section 5 provides that holders of government office must declare changes in the data previously provided within 20 days of the change. (Articles 4 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))
Filing required annually Yes. According to Articles 3 and 10 of Law No. 441 on Financial Disclosure (1982), the President of the Council of Ministers, Ministers and Undersecretaries of State must declare changes occurred in the data provided in accordance with the declaration requirements of such law within a month of the expiration of the deadline for the filing of the annual income declaration. Although Law No. 215 on Conflicts of Interest, 2004 does not require submission of declarations upon leaving office, Section 5 provides that holders of government office must declare changes in the data previously provided within 20 days of the change. (Articles 3 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))
Ad hoc filing required upon change in assets or conflicts of interest Yes. According to Articles 3 and 10 of Law No. 441 on Financial Disclosure (1982), the President of the Council of Ministers, Ministers and Undersecretaries of State must declare changes occurred in the data provided in accordance with the declaration requirements of such law within a month of the expiration of the deadline for the filing of the annual income declaration. Although Law No. 215 on Conflicts of Interest, 2004 does not require submission of declarations upon leaving office, Section 5 provides that holders of government office must declare changes in the data previously provided within 20 days of the change. (Articles 3 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. According to Article 328 of the Penal Code, as referred to in Section 8 of Law 215 on Conflicts of Interest for Ministers (2004), if the public official or public servant is requested to submit asset declarations and fails to do so, or does not provide explanations for the delay, they may be subject to a fine of up to 1.032€. According to Section 6 of Law No. 215 on Conflicts of Interest, 2004, in cases of non-compliance with the prohibitions set forth by such law, the Competition Authority or the Communications Regulatory Authority shall promote the removal or disqualification from office, the suspension of the public or private employment relationship, the suspension of registration in professional rolls and registers. The competent organizations and authorities shall adopt such measures. According to Article 7 of Law No. 441 on Financial Disclosure (1982), in cases of non compliance, disciplinary measures can be applied and formal notice given. According to Article 328 of the Penal Code (1930), as referred to in Section 8 of Law 215 on Conflicts of Interest for Ministers (2004), in cases of failure to submit asset declarations or submission of false or incomplete asset declarations, holders of government office may be subject to imprisonment for a period six months to two years. (Article 328 of the Penal Code (adopted 2007, amended 2016) Section 6 and 8 of Law 215 on Conflicts of Interest for Ministers (adopted in 2004) Article 7 of Law No. 441 on Financial Disclosure (adopted 1982))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. According to Article 328 of the Penal Code, as referred to in Section 8 of Law 215 on Conflicts of Interest for Ministers (2004), if the public official or public servant is requested to submit asset declarations and fails to do so, or does not provide explanations for the delay, they may be subject to a fine of up to 1.032€. According to Section 6 of Law No. 215 on Conflicts of Interest, 2004, in cases of non-compliance with the prohibitions set forth by such law, the Competition Authority or the Communications Regulatory Authority shall promote the removal or disqualification from office, the suspension of the public or private employment relationship, the suspension of registration in professional rolls and registers. The competent organizations and authorities shall adopt such measures. According to Article 7 of Law No. 441 on Financial Disclosure (1982), in cases of non compliance, disciplinary measures can be applied and formal notice given. According to Article 328 of the Penal Code (1930), as referred to in Section 8 of Law 215 on Conflicts of Interest for Ministers (2004), in cases of failure to submit asset declarations or submission of false or incomplete asset declarations, holders of government office may be subject to imprisonment for a period six months to two years. (Article 328 of the Penal Code (adopted 2007, amended 2016) Section 6 and 8 of Law 215 on Conflicts of Interest for Ministers (adopted in 2004) Article 7 of Law No. 441 on Financial Disclosure (adopted 1982))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. According to Article 328 of the Penal Code (1930), as referred to in Section 8 of Law 215 on Conflicts of Interest for Ministers (2004), in cases of failure to submit asset declarations or submission of false or incomplete asset declarations, holders of government office may be subject to imprisonment for a period six months to two years. (Article 328 of the Penal Code (adopted 2007, amended 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. Ministers must submit asset declarations to the to the Competition Authority established by Section 10 of Law No. 287/1990, as well as to the Communications Regulatory Authority established by Section 1 of Law No. 249/1997. (Section 5.1 of Law 215 on Conflicts of Interest for Ministers (adopted in 2004))
Enforcement body explicitly identified Yes. The President of the Senate is assigned the responsibility of enforcing disclosure requirements for the President of the Council of Ministers, Ministers and Undersecretaries of State. (Articles 7 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))
Some agency assigned responsibility for verifying submission Yes. The Competition Authority and the Communications Regulatory Authority verify compliance with declaration requirements. (Section 5.5 of Law 215 on Conflicts of Interest for Ministers (adopted in 2004))
Some agency assigned responsibility for verifying accuracy Yes. The Competition Authority and the Communications Regulatory Authority shall carry out verifications of the existence of incompatibilities and conflicts of interest as well as of compliance with the declaration requirements. (Section 5.5 of Law 215 on Conflicts of Interest for Ministers (adopted in 2004))

Public access to declarations

Public availability Yes. Declarations submitted by the President of the Council of Ministers, Ministers and Undersecretaries of State are published in an official bulletin, which is accessible to all citizens registered on the electoral roll for the election of the Chamber of Deputies. (Articles 8, 9 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))
Timing of information release specified No. Absent from legal framework.
Cost of access specified Yes. Declarations submitted by the President of the Council of Ministers, Ministers and Undersecretaries of State are published in an official bulletin, which is accessible to all citizens registered on the electoral roll for the election of the Chamber of Deputies. (Articles 8, 9 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Obligations set out in numbers 1 and 2 of the preceding paragraph also affect the balance sheet and statement of income of the spouse not separated and children living, if the same will allow. (Article 2 of Law 441 on Financial Disclosure (adopted 1982))
Income and Assets
Real estate Yes. 1) a statement of the real rights on real estate and on movable registered in public records (Article 2 of Law 441 on Financial Disclosure (adopted 1982))
Movable assets Yes. 1) a statement of the real rights on real estate and on movable registered in public records (Article 2 of Law 441 on Financial Disclosure (adopted 1982))
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. 2) copy of the statement of income subject to income tax of individuals; (Article 2 of Law 441 on Financial Disclosure (adopted 1982))
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Members of the Senate and House of Representatives are required to file, within 3 months of their proclamation, a statement which includes notification of any positions as directors or auditors of companies, along with their assets and share holdings. (Article 2 of Law 441 on Financial Disclosure (adopted 1982))
Ownership of state-owned enterprises (SOEs) Yes. Members of the Senate and House of Representatives are required to file, within 3 months of their proclamation, a statement which includes notification of any positions as directors or auditors of companies, along with their assets and share holdings. (Article 2 of Law 441 on Financial Disclosure (adopted 1982))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Members of the Senate and House of Representatives are required to file, within 3 months of their proclamation, a statement which includes notification of any positions as directors or auditors of companies, along with their assets and share holdings. (Article 2 of Law 441 on Financial Disclosure (adopted 1982))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. MPs must submit asset declarations within 3 months of their proclamation. (Article 2 of Law No. 441 on Financial Disclosure ((adopted 1982))
Filing required upon leaving office Yes. MPs must comply with the declaration requirements set forth by the law within 3 months of leaving office. (Article 4 of Law No. 441 on Financial Disclosure (adopted 1982))
Filing required annually Yes. MPs must declare changes occurred in the data provided in accordance with the declaration requirements of such law within a month of the expiration of the deadline for the filing of the annual income declaration. (Article 3 of Law No. 441 on Financial Disclosure (adopted 1982))
Ad hoc filing required upon change in assets or conflicts of interest Yes. MPs must declare changes occurred in the data provided in accordance with the declaration requirements of such law within a month of the expiration of the deadline for the filing of the annual income declaration. (Article 3 of Law No. 441 on Financial Disclosure (adopted 1982))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. A formal notice and disciplinary sanctions may be applied, in cases of late filing. (Article 7 of Law No. 441 on Financial Disclosure (adopted 1982))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. A formal notice and disciplinary sanctions may be applied, in cases of default on the obligations provided by such law. (Article 7 of Law No. 441 on Financial Disclosure (adopted 1982))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. Senators and Deputies must submit asset declarations to the Presidency Office of the Chamber of which they belong. (Article 2 of Law No. 441 on Financial Disclosure (adopted 1982))
Enforcement body explicitly identified Yes. The Chamber to which public officials belong is the competent authority for verifying compliance with declaration requirements. (Article 7 of Law No. 441 on Financial Disclosure (adopted 1982))
Some agency assigned responsibility for verifying submission Yes. The Chamber to which public officials belong is the competent authority for verifying compliance with declaration requirements. (Article 7 of Law No. 441 on Financial Disclosure (adopted 1982))
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. Declarations submitted by MPs are published in an official bulletin, which is accessible to all citizens registered on the electoral roll for the election of the Chamber of Deputies. (Articles 8, 9 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Official bulletin (Articles 9 of Law No. 441 on Financial Disclosure (adopted 1982))
Cost of access specified Yes. Declarations submitted by MPs are published in an official bulletin, which is accessible to all citizens registered on the electoral roll for the election of the Chamber of Deputies. (Articles 8, 9 and 10 of Law No. 441 on Financial Disclosure (adopted 1982))

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Managers, before taking office, must notify the department of their shareholdings and other financial interests and those of their blood relatives or relatives by marriage (up to the second degree), that could place him/her in a situation of conflict of interest with the public function that he/she performs. (Article 13.3 of Decree No 62, Code of Conduct for Government Employees (adopted 2013))
Ownership of state-owned enterprises (SOEs) Yes. Managers, before taking office, must notify the department of their shareholdings and other financial interests and those of their blood relatives or relatives by marriage (up to the second degree), that could place him/her in a situation of conflict of interest with the public function that he/she performs. (Article 13.3 of Decree No 62, Code of Conduct for Government Employees (adopted 2013))
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Without prejudice to the transparency requirements imposed by laws or regulations, the employee, when assigned to office, must inform in writing to the executive office of any relationship, direct or indirect, in collaboration with private entities in any way for all remunerated activities in the past three years (Article 6.1 of Decree No 62, Code of Conduct for Government Employees (adopted 2013))
Post-employment Yes. Civil servants who voluntarily leave public office having attained the level of pension contributions that allows for early retirement, cannot engage in consultancy contracts with the administration with which he/she was employed in the preceding five years. The interested persons and administrations must notify the Presidency of the Council of Ministers – Department of Public Function within 60 days from the enactment of the law. (Article 25 of Law No. 724 on Public Finance Rationalization (adopted 2013, amended 2016))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. An employee may not take decisions or perform activities' relating to their tasks in conflict situations. (Article 6.2 of Decree No 62, Code of Conduct for Government Employees (adopted 2013))
Concurrent employment of family members in public sector Yes. Managers, before taking office, must notify the department of their shareholdings and other financial interests and those of their blood relatives or relatives by marriage (up to the second degree), that could place him/her in a situation of conflict of interest with the public function that he/she performs. (Article 6.2 of Decree No 62, Code of Conduct for Government Employees (adopted 2013))

Filing frequency

Filing required upon taking office Yes. Filling of the declartions mentioned in Article 6.1 and 13 is required prior to taking office. (Article 6 and 13 of Decree No 62, Code of Conduct for Government Employees (adopted 2013))
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. According to Article 16 of the Decree No 62, Code of Conduct for Government Employees, 2013 a collective bargaining agreement shall provide for coordination with the provision concerning disciplinary responsibility. (Article 16 of the Code of Conduct for Government Employees (adopted 2013) )
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. According to Article 16 of the Decree No 62, Code of Conduct for Government Employees, 2013 a collective bargaining agreement shall provide for coordination with the provision concerning disciplinary responsibility. (Article 16 of the Code of Conduct for Government Employees (adopted 2013) )
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified Yes. Public employees must submit the relevant information to the head of their office; managers must notify their department. (Articles 5 and 6 of the Decree No 62, Code of Conduct for Government Employees (adopted in 2013))
Enforcement body explicitly identified Yes. Public employees must submit the relevant information to the head of their office; managers must notify their department. (Articles 5 and 6 of the Decree No 62, Code of Conduct for Government Employees (adopted in 2013))
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. Asset declarations are published in a bulletin which is available to all citizens registered to vote. The President of the Chamber of Deputies may decide in which form this bulletin is published. ( Article 8, 9 of the Decree No 62, Code of Conduct for Government Employees (adopted in 2013))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Hard copy bulletin made available in regional offices. ( Article 11 of the Decree No 62, Code of Conduct for Government Employees (adopted in 2013))
Cost of access specified No. The Code of Conduct says that all declarations must be readily available to all citizens, but cost of access is not detailed. ( Article 8, 9 of the Decree No 62, Code of Conduct for Government Employees (adopted in 2013))

Qualitative data for 2017


Legislation

Decree No 62, Code of Conduct for Government Employees, 2013 (Italian)pdf
Law No. 215 on Conflicts of Interest, 2004 (English)pdf
Law No. 441 on Financial Disclosure, 1982 (Italian)pdf
Law No. 724 Public Finance Rationalization, 1994, amended 2016 (Italian)pdf
Penal Code, 2007 amended 2016 (Italian)pdf

Conflict of Interest

According to the Italian Constitution (1947, last amended 2012), the President’s office is incompatible with any other office. The Head of State may also not have held government contracts in the two years before taking office. The Law on Conflicts of Interests for Ministers (2004) restricts Ministers from taking up managerial tasks, being self-employed, having held government contracts in the two years before taking office, and participating in decisions for which they find themselves in a conflict of interests. Only a general clause exists for MPs in the Law on the Prevention and Suppression of Corruption in Public Administration (2012, last amended 2016) which restricts them from carrying out activities relating to administrative functions, goods or service production for government. Conflicts of interests regulations for Civil Servants are laid down in the Code of Conduct for employees of public administrations (2000, last amended 2013) and the Legislative Decree 39 (2013). They may not accept gifts, be CEOs or board members of private companies, or participate in decisions that affect private interests.

However, no sanctions are specified for the Head of State, Ministers, MPs and Civil Servants. The Commission for evaluation, transparency and integrity of public administration is responsible for monitoring the Head of State, MPs and Civil Servants where no enforcement body is specified. The Competition Authority provides guidance and enforces the regulations applicable to Ministers.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions45484848
Sanctions58000
Monitoring and Oversight12626262

Alternative Metric

2012201520162017Trend
Head of State10232323
Ministers59575757
Members of Parliament26232323
Civil servants60434343

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Those who, in the two previous years, have carried out assignments and held positions funded by the administration or by the public body that appoints them or were otherwise paid by the state cannot hold a government function. (Art. 4 Legislative Decree no. 39, 2013)
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The office of President is incompatible with any other office. (Art. 84 Constitution (1947, last amended 2012))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Commission for evaluation, transparency and integrity of public administration gives opinions on conflicts of interests and advises on avoiding corruption in the government. (Art. 1(2) Law no. 190 on the Prevention and Supression of Corruption in Public Administration (2012, last amended 2016))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. Holders of government office shall devote themselves exclusively to promoting public interest and shall not take actions that relate to conflicts of interest. (Art. 1, 3 Law No. 215 on Conflicts of Interest, 2004)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Holders of government office may not perform managerial tasks in for-profit companies or in activities of an entrepreneurial nature. Ministers may not hold offices or positions or perform other functions however named or exercise management duties in companies with for-profit businesses or for important business (Art. 2.1 Law No. 215 on Conflicts of Interest, 2004)
Ownership of state-owned enterprises (SOEs) Yes. Holders of government office may not engage in self-employment connected with the government office. (Art. 2.1 Law No. 215 on Conflicts of Interest, 2004)
Holding government contracts Yes. Holders of government office may not engage in self-employment connected with the government office. Those who, in the two previous years, have carried out assignments and held positions funded by the administration or by the public body that appoints them or werer otherwise paid by the state cannot hold a government function. (Art. 2.1 Law No. 215 on Conflicts of Interest, 2004)
Board member, advisor, or company officer of private firm Yes. Holders of government office may not perform managerial tasks in for-profit companies or in activities of an entrepreneurial nature. Ministers may not hold offices or positions or perform other functions however named or exercise management duties in companies with for-profit businesses or for important business (Art. 2.1 Law No. 215 on Conflicts of Interest, 2004)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Holders of government office may not hold public offices or positions other than member of parliament and other in-government positions. (Art. 2.1 Law No. 215 on Conflicts of Interest, 2004)
Participating in official decision-making processes that affect private interests Yes. Holders of government office must not participate in decisions when they are exposed to conflicts of interests. (Art. 1 Law No. 215 on Conflicts of Interest, 2004)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Competition Authority is addressed to make conflicts of interests known. The Commission for evaluation, transparency and integrity of public administration gives opinions on conflicts of interests and advises on avoiding corruption in the government. The supervisory agency for anti-corruption gives opinions on cases before the Court of Auditorsand passes opinions on incompatability on to those officials who request it. (Art. 5, 6 Law No. 215 on Conflicts of Interest, 2004 Art. 1(2) Law no. 190 on the Prevention and Supression of Corruption in Public Administration (2012, last amended 2016) Art. 16 Legislative Decree no. 39 (2013))
Enforcement body specified (sanctions, hearings) Yes. The Competition Authority supervises conflicts of interests and may suspend government holders from employment and public office. (Art. 5, 6 Law No. 215 on Conflicts of Interest, 2004)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. Elected officials may not carry out activities relating to administrative functions, goods or service production in favor of or to be delivered to government. (Art. 1(49) Law no. 190 on the Prevention and Supression of Corruption in Public Administration (2012, last amended 2016))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants elected to a parliamentary position are automatically put on leave for the duration of their mandate. (Art. 68 General rules on the employment by public authorities (2001, last amended 2016))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Commission for evaluation, transparency and integrity of public administration gives opinions on conflicts of interests and advises on avoiding corruption in the government. The supervisory agency for anti-corruption gives opinions on cases before the Court of Auditorsand passes opinions on incompatability on to those officials who request it. (Art. 1(2) Law no. 190 on the Prevention and Supression of Corruption in Public Administration (2012, last amended 2016) Art. 16 Legislative Decree no. 39 (2013))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts Yes. Civil servants may not accept gifts from people who have taken or may still benefit from decisions or activities related to the office. They may not accept gifts or benefits from a subordinate or his relatives within the 4th degree. (Art. 3 Code of Conduct for employees of public administrations (2000))
Private firm ownership and/or stock holdings Yes. Holding administrative position is incompatible with being CEO of a private law body. (Art. 11 Legislative Decree no. 39, 2013)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. Civil servants shall not accept assignments or collaborations with individuals or organizations that have or have had in the previous 2 years an economic interest in the decisions or activities of the office. (Art. 4(6) Code of Conduct for employees of public administrations (2013))
Board member, advisor, or company officer of private firm Yes. Holding administrative position is incompatible with being a board member. (Art. 11 Legislative Decree no. 39, 2013)
Post-employment Yes. For 3 years following public employment, civil servants cannot work for the authorities or private parties which they regulated during their last 3 years of service. (Art. 1(42) Law no. 190 on the Prevention and Supression of Corruption in Public Administration (2012, last amended 2016))
Simultaneously holding policy-making position and policy-executing position Yes. Civil servants elected to a parliamentary position are automatically put on leave for the duration of their mandate. (Art. 68 General rules on the employment by public authorities (2001, last amended 2016))
Participating in official decision-making processes that affect private interests Yes. Civil servants must refrain from participating in decisions which may affect his interests or the interests of relatives up to a fourth degree or cohabitants. (Art. 7 Code of Conduct for employees of publich administrations (2013))
Assisting family or friends in obtaining employment in public sector Yes. Civil servants must refrain from participating in decisions which may affect his interests or the interests of relatives up to a fourth degree or cohabitants. (Art. 7 Code of Conduct for employees of publich administrations (2013))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Commission for evaluation, transparency and integrity of public administration gives opinions on conflicts of interests and advises on avoiding corruption in the government. The supervisory agency for anti-corruption gives opinions on cases before the Court of Auditorsand passes opinions on incompatability on to those officials who request it. (Art. 1(2) Law no. 190 on the Prevention and Supression of Corruption in Public Administration (2012, last amended 2016) Art. 16 Legislative Decree no. 39 (2013))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2017


Legislation

Code of Conduct for employees of public administrations, 2000, amended 2013 (Italian)pdf
Constitution, 1947 amended 2012 (Italian)pdf
General rules on the employment by public authorities, 2001 amended 2016 (Italian )pdf
Law no. 190 on the Prevention and Supression of Corruption in Public Administration, 2012, amended 2016 (Italian)pdf
Law No. 215 on Conflicts of Interest, 2004 (English)pdf
Legislative Decree no. 39, 2013 (Italian)pdf

Freedom of Information

The Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016) sets out the access to information regime in Italy. Public authorities are covered under the scope of the law, which includes the executive, parliamentary, and judicial branches of government, as well as private firms.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Law 124/2007 on the Intelligence System for the Security of the Republic and new Provisions governing Secrecy, and the Code on Data Protection (2003, amended 2015). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed only with public authorities. There is no appeals process through the courts or through an independent non-judicial mechanism, such as an information commissioner.

The CIVIT (Tasks of the Commission for the evaluation, the integrity and

transparency in public administrations) monitors adherences to the publication requirements established by law, exercises inspection powers, as well as orders the adoption of acts or measures required by law, or the removal of any conduct or any act contrary to the rules on transparency.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage64939393
Information access and release42545454
Exceptions and Overrides50333333
Sanctions for non-compliance0676767
Monitoring and Oversight50505050

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. The request of access is not subject to any limitation as to the subjective legitimacy of the applicant should not be motivated, it is free and must be submitted to the head of administration transparency obliged to publish (Art. 5 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
"Information" or "Documents" is defined Yes. There is not a clear definition, but the law obliges to report: the statements of politicians, and relatives within the second degree; the acts of the approval procedures of zoning and urban variations; data, in health matters, concerning appointments of general managers, as well as the accreditation of clinical facilities.; (Art. 2-3 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Proactive disclosure is specified Yes. Administrative entities are rquired to publish documents on their organisation, strategies, evaluating mechanisms, curricula and renumeration of employees. (Art. 10, 12 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))

Coverage of public and private sectors

Executive branch Yes. For the purposes of this Decree, for "public administrations" means all the administrations referred to in Article 1, paragraph 2 of Legislative Decree no. 165, and subsequent modifications, including the port authority, as well as the independent administrative authorities of guarantee, supervision and regulation. 2. The same discipline as for the public administrations referred to in paragraph 1 shall also apply, as it is compatible: (a) public economic entities and professional orders; b) to the societa 'in public control as defined by the legislative decree issued in implementation of the article 18 of the law 7 agosto 2015, n. 124. Excluded are listed companies as defined by the same legislative decree issued in implementation of Article 18 of Law 7 August 2015, no. 124; c) Associations, foundations and private law entities still named, even without legal personality, with a budget of more than five hundred thousand euros, whose activities are funded in majority for at least two consecutive financial years in the last three years from public administrations and where the totality of the holders or members of the administrative or management body is designated by public administrations. (Art. 2-bis Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Legislative branch Yes. For the purposes of this Decree, for "public administrations" means all the administrations referred to in Article 1, paragraph 2 of Legislative Decree no. 165, and subsequent modifications, including the port authority, as well as the independent administrative authorities of guarantee, supervision and regulation. 2. The same discipline as for the public administrations referred to in paragraph 1 shall also apply, as it is compatible: (a) public economic entities and professional orders; b) to the societa 'in public control as defined by the legislative decree issued in implementation of the article 18 of the law 7 agosto 2015, n. 124. Excluded are listed companies as defined by the same legislative decree issued in implementation of Article 18 of Law 7 August 2015, no. 124; c) Associations, foundations and private law entities still named, even without legal personality, with a budget of more than five hundred thousand euros, whose activities are funded in majority for at least two consecutive financial years in the last three years from public administrations and where the totality of the holders or members of the administrative or management body is designated by public administrations. (Art. 2-bis Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Judicial branch Yes. For the purposes of this Decree, for "public administrations" means all the administrations referred to in Article 1, paragraph 2 of Legislative Decree no. 165, and subsequent modifications, including the port authority, as well as the independent administrative authorities of guarantee, supervision and regulation. 2. The same discipline as for the public administrations referred to in paragraph 1 shall also apply, as it is compatible: (a) public economic entities and professional orders; b) to the societa 'in public control as defined by the legislative decree issued in implementation of the article 18 of the law 7 agosto 2015, n. 124. Excluded are listed companies as defined by the same legislative decree issued in implementation of Article 18 of Law 7 August 2015, no. 124; c) Associations, foundations and private law entities still named, even without legal personality, with a budget of more than five hundred thousand euros, whose activities are funded in majority for at least two consecutive financial years in the last three years from public administrations and where the totality of the holders or members of the administrative or management body is designated by public administrations. (Art. 2-bis Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Other public bodies Yes. For the purposes of this Decree, for "public administrations" means all the administrations referred to in Article 1, paragraph 2 of Legislative Decree no. 165, and subsequent modifications, including the port authority, as well as the independent administrative authorities of guarantee, supervision and regulation. 2. The same discipline as for the public administrations referred to in paragraph 1 shall also apply, as it is compatible: (a) public economic entities and professional orders; b) to the societa 'in public control as defined by the legislative decree issued in implementation of the article 18 of the law 7 agosto 2015, n. 124. Excluded are listed companies as defined by the same legislative decree issued in implementation of Article 18 of Law 7 August 2015, no. 124; c) Associations, foundations and private law entities still named, even without legal personality, with a budget of more than five hundred thousand euros, whose activities are funded in majority for at least two consecutive financial years in the last three years from public administrations and where the totality of the holders or members of the administrative or management body is designated by public administrations. (Art. 2-bis Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Private sector Yes. For the purposes of this Decree, for "public administrations" means all the administrations referred to in Article 1, paragraph 2 of Legislative Decree no. 165, and subsequent modifications, including the port authority, as well as the independent administrative authorities of guarantee, supervision and regulation. 2. The same discipline as for the public administrations referred to in paragraph 1 shall also apply, as it is compatible: (a) public economic entities and professional orders; b) to the societa 'in public control as defined by the legislative decree issued in implementation of the article 18 of the law 7 agosto 2015, n. 124. Excluded are listed companies as defined by the same legislative decree issued in implementation of Article 18 of Law 7 August 2015, no. 124; c) Associations, foundations and private law entities still named, even without legal personality, with a budget of more than five hundred thousand euros, whose activities are funded in majority for at least two consecutive financial years in the last three years from public administrations and where the totality of the holders or members of the administrative or management body is designated by public administrations. (Art. 2-bis Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. Absent from legal framework
Enacted legal instruments Yes. Laws are published immediately after promulgation and come into force on the fifteenth day following their publication 1.Public authorities publish on their corporate websites 'Normattiva' references with links to published state law database standards "Normattiva" that regulate the establishment, organization and activities. directives, circulars, programs and instructions issued by the administration and any action that has in general on the organization, functions, goals, processes, or in which it determines the interpretation of legal norms are altresi 'published that affect or dictate provisions to implement them, including codes of conduct. 2. With reference to the statutes and regional laws, which regulate the functions, organization and conduct of the activities of jurisdiction, have published details of the documents and updated official texts. (Art. 73 of the Constitution of Italy (1947, amended in 2012) Art.12 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Annual budgets Yes. Obligations to publish the balance sheet, budget and final, and the Plan of the indicators and expected financial results, as well as data concerning the monitoring of targets. 1. The public authorities shall publish data relating to the budget and the final balance of each year a summary of aggregated and simplified, even with the use of graphical representations, in order to ensure full accessibility and comprehensibility. (Art. 29 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Annual chart of accounts (actual expenditures) Yes. Obligations to publish the balance sheet, budget and final, and the Plan of the indicators and expected financial results, as well as data concerning the monitoring of targets. 1. The public authorities shall publish data relating to the budget and the final balance of each year a summary of aggregated and simplified, even with the use of graphical representations, in order to ensure full accessibility and comprehensibility. (Art. 29 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Annual reports of public entities and programs Yes. Public administratiions publish activity repiorts, ciontractiors, beneficiaries (Art. 13 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. All data subject to disclosure is public for anyone. (Art. 3 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Type of request is specified (written, electronic, oral) Yes. The request of access is not subject to any limitation as to the subjective legitimacy of the applicant should not be motivated, it is free and must be submitted (in writing) to the head of forced transparent administration (Art. 5.2 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. The request of access is not subject to any limitation as to the subjective legitimacy of the applicant should not be motivated, it is free and must be submitted (in writing) to the head of forced transparent administration (Art. 5.2 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))

Deadlines for release of information

20-day response deadline No. The response deadline is 30 days (Art. 5.6 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Agency granted right to extend response time No. Absent from legal framework
Maximum total response time of no more than 40 days Yes. The release of data or documents in electronic or paper format is free of charge, except for the reimbursement of the cost actually incurred and documented by the administration for reproduction on material media. (Art. 5.4 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Summarises the system and institutions involved in maintaining state secrets. (Law 124/2007 on the Intelligence System for the Security of the Republic and new Provisions governing Secrecy, amended 2016)
Existence of personal privacy/data law Yes. Code on Data Protection (2003, last amended 2015) (Code on Data Protection (2003, last amended 2015))
Specific exemptions to disclosure No. Absent from legal framework
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. In the event of total or partial refusal of access or non-response within the time limit specified in paragraph 6, the applicant may submit a request for review to the person responsible for the prevention of corruption and transparency referred to in Article 43, reasoned decision, within a period of twenty days. If the access has been denied or deferred to protect the interests referred to in Article 5-bis, paragraph 2 (a), the person in charge shall be heard by the Guarantor for the Protection of Personal Data, within ten days of the request. As from the notice to the Guarantor, the deadline for the adoption of the measure by the responsible person is suspended until the Guarantor receives the opinion and for a period not exceeding the above ten days. The applicant may appeal the decision of the competent administration or, in the event of a request for review, to the person responsible for the prevention of corruption and transparency, by the Regional Administrative Court pursuant to Article 116 of the Code of Administrative Procedure as per Legislative Decree no. 104. (Art. 5.7 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Absent from legal framework
Judicial appeals mechanism No. Absent from legal framework

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements Yes. 1. A failure to fulfill the disclosure obligations required by law or the failure to make the three-year program for the transparency and integrity constitute an element of assessment of managerial responsibility, whether due to liability for damage to the image of the administration and are still evaluated for the purposes of the outcome of salary payment and the treatment accessory related to individual performance of managers. 2. The person responsible liable for impediments of the obligations referred to in paragraph 1 if it proves that such failure was due to causes not attributable to him. (Art. 46 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Fines are specified for violations of disclosure requirements Yes. 2. Violation of the disclosure requirements referred to in Article 22, paragraph 2, results in a fine of between 500 to 10,000 euro charged to the responsible for the violation. The same penalty applies to corporate administrators who do not communicate to the public shareholders his task and its compensation within thirty days from the transfer or, in respect of indemnity result, within thirty days of receipt. 3. The penalties referred to in paragraphs 1 and 2 are imposed by the competent Administration under the provisions of the law 24 November 1981 n. 689. (Art. 46, 47 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions Yes. The authority (ANAC) applies, unless the fact constitutes a crime, an administrative fine of not less than the minimum of EUR 1,000 and not more maximum to EUR 10,000, in the case where the subject fails forced the adoption of three-year plans of prevention of corruption, transparency of the three-year programs, or codes of conduct. 5-bis. For disputes relating to the sanctions referred to in paragraph 5, letter b), the competent judge in court. (Art. 19.5(b) Decree Law 24 June 2014, n. 90 converted with amendments by Law 11 August 2014, n. 114)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. 14-bis In general,the Office for the Government's program of Presidency of the Council of Ministers is delegated authority for coordination of programs in the state administration. However, it is not clear that this agency is responsible for oversight of FOI implementation. (Art. 14-bis Decree Law 24 June 2014, n. 90 converted with amendments by Law 11 August 2014, n. 114)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required Yes. Publication requirements concerning data                 1. The public authorities shall publish the necessary references for the consultation of the national collective contracts and agreements, that apply to them as well as' any interpretations authentic. 2. Without prejudice to article 47, paragraph 8, of Legislative Decree 30 March 2001, n. 165, public shall publish the supplementary agreements concluded with the technical and financial report and certified by the Illustrative control bodies referred to in Article 40-bis, paragraph 1 of the Decree Legislative n. 165 of 2001, as well as' the information transmitted annually in accordance with paragraph 3 of that article. The relationship Illustrative, among other things, shows the effects expected on completion of the signing of the supplementary agreement on the productivity ' and efficiency of the services provided, including in relation to the requests citizens. (Art. 21 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2016))

Qualitative data for 2017


Legislation

Law on the obligation of public administration to ensure the public availability and transparency of information, 2013, amended 2016 (Italian)pdf
Constitution of Italy, 1947, amended 2012 (Italian)pdf
Administrative Procedure Act No. 241, 1990, amended 2016 (Italian)pdf
Law 124/2007 on the Intelligence System for the Security of the Republic and new Provisions governing Secrecy, amended 2016 (Italian)pdf
Code on Data Protection, 2003, amended 2015 (Italian)pdf
Decree Law n. 90 converted with amendments by Law n. 114, 2014 (Italian)pdf

Public Procurement

The Italian public procurement system is regulated by the Legislative Decree no. 163 (2006), and Presidential Decree No. 207 (2010), Legislative Decree No. 104, and additional regulations laid down in presidential decrees and regulations implemented by regional and local authorities. The public procurement body is the Observatory of Public Contracts which is an organization under the Directorate of Infrastructures and Mobililty.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 40,000for goods

▪         EUR 40,000 for works

▪         EUR 40,000for services

The minimum number of bidders is 5 for restricted procedures,and 3 for negotiated and competitive dialog procedures. The minimum submission period is 35 days for open procedures, 30 days for restricted procedures and 30 for negotiated procedures from dispatch date.

There are some cases for preferential treatment: SME participation should be facilitated by splitting tenders into functional lots. There are also rules for green/sustainable procurement. There are several options for bid exclusion: failure to comply with requirements set out in related legislation, uncertainty about the origin of the offer, no integrity of the offer/request for participation etc. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. There is also a requirement that some part of the evaluation committee be independent of the contracting authority.

There is a payable fee in case of an arbitration procedure, with a maximum amount of EUR 100,000. However, court decisions are not publicly released.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope807886
Information availability823282
Evaluation757581
Open competition616186
Institutional arrangements434343

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 40000. Below EUR 40 000 direct purchasing is permitted. (Article 36 (2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 40000. Below EUR 40 000 direct purchasing is permitted. (Article 36 (2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 40000. Below EUR 40 000 direct purchasing is permitted. (Article 36 (2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 40000. Below EUR 40 000 direct purchasing is permitted. (Article 36 (2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 135000. These are the EU thresholds - EUR 135 000 (goods and services) and EUR 5 225 000 (works) (Article 35 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 135000. These are the EU thresholds - EUR 135 000 or EUR 209 000 depending on the type of products (Article 35 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 40000. Below EUR 40 000 direct purchasing is permitted. (Article 36 (2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 40000. Below EUR 40 000 direct purchasing is permitted. (Article 36 (2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 40000. Below EUR 40 000 direct purchasing is permitted. (Article 36 (2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. Advices and procurements are published in full on the website of the contracting authority and on the ANAC website. http://www.anticorruzione.it/portal/public/classic/ (Article 73 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Are any of these documents published online at a central place? Yes. Office for Official Publication of the European Communities, ANAC website http://www.anticorruzione.it/portal/public/classic/ (Article 73 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) Yes. The law establishes at the Observatory the computerized system for keeping records of all public contracts and provides differentiated archives for different types of acts. (Article 213 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Are contracts awarded within a framework agreement published (ie mini contracts)? No. Contracting authorities which have awarded a public contract or concluded a framework agreement shall send automatically a notice in accordance with the mode of publication referred to in Article 72, in accordance with Annex XIV, part I letter D, concerning the results of the award procedure, within 30 days from the award of the contract or the conclusion of the framework agreement. In the case of framework agreements concluded in accordance with Article 54, contracting authorities are not bound to send a notice of the results of the award procedure for each contract based on that agreement. (Article 98 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. Competitors must indicate the works or parts of works or services and supplies or parts of services and supplies which will be subcontracted. Competitors must deposit the subcontract at the contracting authority before the start of its execution and provide certificates attesting that the subcontractor meets all the requirements. For works, the signs displayed outside the sites must indicate the names of all the subcontractors and their compliance with the requirements. (Article 105 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. 0%. Mandatory for all sub-contracts. For works, the contracting authority is required to indicate in the contract notice the portion defined for subcontracting, that cannot be in any case more than 30%. (Article 105 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Equal treatment and non-discrimination principles. (Article 4 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. In compliance with the Community rules on public procurement, in order to facilitate the access of small and medium enterprises, the contracting authorities should, where possible and cost-effective, split contracts into functional lots. There are no other specific provisions to promote SMEs. (Article 51 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Principles of equal treatment and non-discrimination among bidders. (Article 4 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is there a specific set of rules for green/sustainable procurement? Yes. Contracting entities, when requesting the submission of certificates issued by independent bodies to certify compliance by the economic operator of certain systems or environmental management standards, refer to the EMAS or other system environmental management systems to the extent that they comply with Article 45 of Regulation (EC) No 1221/2009 or other environmental management standards based on European or international standards in this matter, certified by bodies accredited for the specific purpose under Regulation (EC) No 1221/2009. 765/2008 of the European Parliament and of the Council. Contracting entities shall recognize the equivalent certificates issued by bodies established in other Member States. If the economic operator has demonstrated that he or she has no access to such certificates or does not have the opportunity to obtain them within the time limits required for their unenforceable reasons, the contracting authority shall also accept other documentary evidence of the environmental management measures provided that the economic operators demonstrate that such measures are equivalent to those required under the applicable environmental management system or standard. (Article 87(2) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. It constitutes grounds for exclusion of an economic operator from participation in a contract or concession procedure, a final judgment or a criminal sentence pronounced irrevocable, or a sentence of punishment also referring to the subcontractor (Article 80 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. For works, services and supplies, where the award criterion is the lowest price and in any case for amounts below the thresholds referred to in Article 35, the contracting station may provide for the automatic exclusion of tenders submitted by tenderers a reduction percentage equal to or greater than the threshold of anomaly identified in accordance with paragraph 2. In such cases, paragraphs 4, 5 and 6 shall not apply. However, the automatic exclusion right shall not be exercised when the number of tenders accepted is less than ten . (Article 97(8) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is scoring criteria published? Yes. The call for tenders, that provides the award in accordance with paragraph 4, shall give their reasons and indicate in the call for tenders the criterion applied to select the best bid. (Article 95(5) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Are decisions always made by a committee? Yes. In awarding contracts for tenders or concessions, only the award criteria with the criterion of the most economically advantageous tender, the evaluation of tenders from a technical and economic point of view is entrusted to a selection board composed of experts in the specific sector which is the object of the contract. The commission consists of an odd number of commissioners, no more than five, identified by the contracting station and can work remotely with telematic procedures that safeguard the confidentiality of communications. (Article 77 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The Committee shall be composed solely of natural persons to whom the provisions on incompatibility and abstention referred to in Article 77 (6) and Article 78 shall apply. If a particular professional qualification is required for participants in a design contest, at least one third of the members of the selection board have this qualification or equivalent qualification. The committee is autonomous in its decisions and opinions. Commissioners must not perform or have performed functions or hold technical or administrative positions in relation to the contract. Those who in the previous two years have held positions of public administrator can not be appointed Commissioners for contracts awarded by contracting authority at which they served. There cannot be subsequent appointments of a commissioner who, in quality of member of the board selection, have contributed to the approval of acts that have been declared unlawful. (Article 77 &155 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is some part of evaluation committee mandatorily independent of contracting authority? No. The Commissioners are selected from among the experts listed in the Register established at the ANAC referred to in Article 78 and, in the case of award procedures by CONSIP Spa, INVITALIA - National Agency for Investing in Investments and Development, spa company and by the regional aggregators referred to in Article 9 of Legislative Decree 24 April 2014, no. 66, converted, with modifications, by Law 23 June 2014, no. 89, among the experts listed in the special section of the Register, not belonging to the same procurement station and, if not available in sufficient numbers, also among the special section experts serving at the same procurement station or, if the number is still insufficient, also using other experts registered in the Register outside of the special section. They are identified by the contracting stations by public drawing from a list of candidates consisting of a number of names at least twice that of the members to be nominated and in any case respecting the principle of rotation. This list is communicated by ANAC to the procurement station within five days of the request of the contracting station. Contracting entities may, in the case of contracts for services and supplies of less than the thresholds referred to in Article 35, for works of less than EUR 1 million or for those not having particular complexity, to appoint some internal components to the procurement station, subject to the principle of rotation, excluding the Chairman. The procedures of telematic trading platforms within the meaning of Article 58 shall be considered as not particularly complex. In the case of contracts for services or supplies of high technological or innovative scientific content carried out in the framework of research and development, the ANAC, upon request and comparison with the contracting station on the profile specificity, may select the members of the board of judges even among the internal experts at the same procurement station (Article 77 (3) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Are scoring results publicly available? No. Only parties involved in the contracting can obtain the information. The administration office procurement stations shall immediately communicate and within a maximum of five days: (a) the award to the successful tenderer of the successful tenderer in the list, to all candidates who have applied for tenders to those whose applications or tenders have been excluded if they have filed an appeal against the exclusion or they are in terms of filing an appeal, as well as those who have challenged the call for tenders or the letter of invitation if those appeals were not refused by a final judicial decision; b) Exclusion of candidates and bidders excluded (c) the decision not to award a contract or not to conclude a framework agreement for all candidates; (d) the date of the conclusion of the contract with the successful tenderer, to the persons referred to in point (a) of this paragraph. (Article 76 (5) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Does the law specify under which conditions the tender can be cancelled? Yes. Only under specific conditions (Article 108 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. The information are published on the ANAC (Nationa Naticorruption authority) website. Between 500,000 euros and the European thresholds, the notices must be published, extracted, on at least one of the major national newspapers and at least one of the most popular local circulation at the place where the contracts are executed. OVer the European threashold, the publication will be, on extract, on at least two of the major national newspapers and at least two of the most popular local newspapers. Under 500,00 euros, they have to be published in the Praetorum of the municipality where the interventions are made. (Article 73 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Does the law specify the location for publicizing restricted calls for tenders? Yes. The information are published on the ANAC (Nationa Naticorruption authority) website. Between 500,000 euros and the European thresholds, the notices must be published, extracted, on at least one of the major national newspapers and at least one of the most popular local circulation at the place where the contracts are executed. OVer the European threashold, the publication will be, on extract, on at least two of the major national newspapers and at least two of the most popular local newspapers. Under 500,00 euros, they have to be published in the Praetorum of the municipality where the interventions are made. (Article 73 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. The information are published on the ANAC (Nationa Naticorruption authority) website. Between 500,000 euros and the European thresholds, the notices must be published, extracted, on at least one of the major national newspapers and at least one of the most popular local circulation at the place where the contracts are executed. OVer the European threashold, the publication will be, on extract, on at least two of the major national newspapers and at least two of the most popular local newspapers. Under 500,00 euros, they have to be published in the Praetorum of the municipality where the interventions are made. (Article 73 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. In restricted procedures, the minimum number of candidates may not be less than five. In the competitive negotiating procedure, in the competitive dialogue procedure and in the innovation partnership the minimum number of candidates may not be less than three. In any case, the number of candidates invited must be sufficient to ensure effective competition. Appointing stations invite a minimum of at least the minimum number of candidates. However, if the number of candidates meeting the selection criteria and the minimum level of capacity referred to in Article 83 is lower than the minimum number, the contracting station may continue the procedure by inviting candidates who are in possession of the required skills. The contracting station may not include in the same procedure other economic operators who have not applied for membership or candidates who do not have the required skills. (Article 91 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What is the minimum number of bidders for negotiated procedures? 5. In restricted procedures, the minimum number of candidates may not be less than five. In the competitive negotiating procedure, in the competitive dialogue procedure and in the innovation partnership the minimum number of candidates may not be less than three. In any case, the number of candidates invited must be sufficient to ensure effective competition. Appointing stations invite a minimum of at least the minimum number of candidates. However, if the number of candidates meeting the selection criteria and the minimum level of capacity referred to in Article 83 is lower than the minimum number, the contracting station may continue the procedure by inviting candidates who are in possession of the required skills. The contracting station may not include in the same procedure other economic operators who have not applied for membership or candidates who do not have the required skills. (Article 91 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What is the minimum number of bidders for competitive dialogue procedures? 5. In restricted procedures, the minimum number of candidates may not be less than five. In the competitive negotiating procedure, in the competitive dialogue procedure and in the innovation partnership the minimum number of candidates may not be less than three. In any case, the number of candidates invited must be sufficient to ensure effective competition. Appointing stations invite a minimum of at least the minimum number of candidates. However, if the number of candidates meeting the selection criteria and the minimum level of capacity referred to in Article 83 is lower than the minimum number, the contracting station may continue the procedure by inviting candidates who are in possession of the required skills. The contracting station may not include in the same procedure other economic operators who have not applied for membership or candidates who do not have the required skills. (Article 91 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Bidding period length

What are the minimum number of days for open procedures? 35. In open procedures, any interested economic operator may submit an offer in response to a notice of invitation to tender. The minimum time limit for receipt of tenders is 35 days after the date of the call for tenders. If the contracting authorities have published a pre-information notice which has not been used as an invitation to tender, the minimum time limit for the receipt of tenders, as provided for in paragraph 1, may be reduced to 15 days provided under specific conditions. (Article 60 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What are the minimum number of days for restricted procedures? 30. In restricted procedures, the minimum time limit for the receipt of applications for participation is 30 days from the date of the invitation to tender or, if a pre-information notice is used as a means of inviting a tender, from the date of the invitation to confirm interest (Article 61 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What are the minimum number of days  for competitive negotiated procedures? 30. The minimum time limit for the receipt of applications for participation is thirty days from the date of the invitation to tender or, if a notice of pre-information is used as a notice of invitation to tender, from the date of the invitation to confirm the interest . The terms referred to in this paragraph shall be reduced in the cases provided for in Article 61, paragraphs 4, 5 and 6. The minimum time limit for receipt of initial bids shall be thirty days from the date of transmission of the call. (Article 62 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. In accordance with the directives, they do not fall within the scope of application of the Code of Concessions, Contracts and Agreements in the field public (Article 5): - in the 'classic' house with some variations (Article 5.1); - In indirect house (Article 5.2) - in house with similar analogous control (Articles 5.4 and 5); - Inverted vertical house (Article 5.3); - in house horizon - contract awarded by the subsidiary a another subsidiary of the same contracting authority (art. 5.3); - agreement between administrations or contracting entities concerning the provision of competent public services, in the sole public interest, and provided that less than 20 percent of the activity is carried out on the open market Article. 6 excludes contracts awarded by a joint venture of which the contracting entities are part of a contracting entity of the entities which make it, or of one of the contracting entities a joint venture of which it is a part. The joint venture must be constituted to carry out the activities of the contract for at least 3 years years and the entities that make up it must be part of it period Article 7 excludes contracts awarded by the contracting entity a an affiliated company or a joint venture composed of several entities contracting entities to an undertaking linked to one of the participating entities, provided 80% of the joint venture's turnover over the past three years comes from performances made to the contracting entity or to the other companies to which it is linked. Article. 8 rephrases the exclusion of cases where the activity is directly exposed to competition: As far as the procedure is concerned, the evaluation will be entrusted to the European Commission, at the request of the government or even the body contracting; a note can be supported to support your request part of the competent regulatory authority; market opening is assumed if the State has adopted the implementing measures provided for in Annex VII to the Code. Among other exclusions: - service contracts awarded under an exclusive right to the administration or granted to an economic operator in accordance with European law (Article 9) - concessions in the water sector: supply, management and networking and related activities - engineering projects, waste disposal and treatment (Article 12) - Contracts and design contests awarded or organized by contracting entities for purposes other than the pursuit of activities included in the special sectors or for the pursuit of such activities activities in a third country (Article 14) - specific exclusions for contracts and service concessions (art. 17) - specific exclusions for concessions (Article 18) (Articles 6-9, 12 &14 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Contracting authorities, public companies and individuals who in virtue of exclusive rights granted to them by the competent authority, according to applicable regulations. Contracting authorities are: state administrations; local governments; other public entities not economic; bodies governed by public law; associations, unions, associations, however described, consisting of such persons. (Articles 3 (1a) & 3 (1e) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Does the law specify the main procedure types or procurement methods permitted? Yes. open procedure (procedure aperte), restricted procedure (procedure ristrette), negotiated procedure (procedure negoziate), competitive dialogue (dialogo competitivo) and partnership for innovation (partenariato per l'innovazione) (Articles 60-65 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Arbitration chamber for public contracts (Article 210 of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is there a procurement regulatory body dedicated to public procurement? Yes. Observatory of public contracts (Article 213 (9) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? Yes. Requires technical competence and specific knowledge as prescribed by the law. (Article 31 (1) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is disclosure of final, beneficial owners required for placing a bid? No.

Complaints

Is there a fee for arbitration procedure? Yes. Fee to be fixed by arbitrators from characteristics of the case. The compensation for the arbitration, including any compensation for the secretary, can not 'in any case exceed the amount of EUR 100 000, as reassessed every three years by the Minister of Economy and Finance, in consultation with the Minister infrastructure and transport. (Article 209 (16) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The award will have to be pronounced with its latest signing and becomes effective with its deposit with arbitration chamber for public contracts. If and there is an appealed against the final award with simultaneous interlocutory application, the contract cannot be concluded. From the moment the contracting authority is notified, there is an interim relief period for the next 20 days, provided that within that period intervenes least precautionary measure of First Instance or the publication of the judgment of first instance in the case of pre-trial hearing about the decision or until the pronunciation of such measures if later. The suspensive effect on the conclusion of the contract ceases when, in examining the appeals, the court declines jurisdiction under Article 15, paragraph 4, of the Code of Administrative Procedure, or the date fixed by order of merit discussion without granting interim measures or reserves its judgment on the examination of the interlocutory application, with the consent of the parties, to be understood as implicit renunciation of the immediate examination of the interlocutory application (Articles 32(11) & 209 (12) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? There is no information about the maximum number of days until arbitration decision from filing a complaint. All it says it that when appeals occur, they should be within 90 days from the notification of the award, and that possibility to appeal expires after one hundred and eighty days from the date of deposit of the award with the Arbitration (Article 209 (14-15) of the Public procurement code, Legislative Decree 50 of 18 April 2016, as of 31.12.2016)
Is there a requirement to publicly release arbitration court decisions ? No.

Qualitative data for 2017


Legislation

Legislative Decree No. 163 12 April 2006 at 31Dec2014 (Italian)pdf
Legislative Decree No. 163 12 April 2006 at 31Dec2015 (Italian)pdf
Legislative Decree No. 50 18 April 2016 at 31Dec2016 (Italian)pdf