EUROPAM

European Public Accountability Mechanisms

Italy

Country score (European Average*)
  • 70(66) Political Financing
  • 52(53) Financial Disclosure
  • 39(37) Conflict of Interest
  • 60(59) Freedom of Information
  • 63(62) 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

20122015201620172020Trend
Bans and limits on private income2836363636
Public funding10062626262
Regulations on spending100100100100100
Reporting, oversight and sanctions7583838383

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.

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

*Last update: 2017


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

20122015201620172020Trend
Disclosure items4438383939
Filing frequency4456565656
Sanctions5058585858
Monitoring and Oversight5056565656
Public access to declarations2550505050

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers7189898989
Members of Parliament6576767676
Civil servants3442424343

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

Filing frequency

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

Sanctions

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

Monitoring and Oversight

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

Public access to declarations

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

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 2004 (amended 2005))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Movable assets Yes. 1) a statement of the real rights on real estate and on movable registered in public records (Article 2.1 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Cash No. Absent from legal framework. (General)
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets Yes. 2) copy of the statement of income subject to income tax of individuals; (Article 2.2 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (General)
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013) Section 5.2 of Law No. 215 on Conflicts of Interest 2004 (amended 2005))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013) Section 5.2 of Law No. 215 on Conflicts of Interest 2004 (amended 2005))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013) Section 5.2 of Law No. 215 on Conflicts of Interest 2004 (amended 2005))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013) Section 5.2 of Law No. 215 on Conflicts of Interest 2004 (amended 2005))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013) Section 5.1 of Law No. 215 on Conflicts of Interest 2004 (amended 2005))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))

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 maximum of 1 year. (Article 328 of the Penal Code (adopted 1930, amended 2020) Section 6 and 8 of Law 215 on Conflicts of Interest (adopted in 2004) Article 7 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 for a maximum of 1 year. (Article 328 of the Penal Code (adopted 1930, amended 2020) Section 6 and 8 of Law 215 on Conflicts of Interest (adopted in 2004) Article 7 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 maximum of 1 year. (Article 328 of the Penal Code (adopted 1930, amended 2020))

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 (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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 (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 (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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Timing of information release specified No. Absent from legal framework. (General)
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))

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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Movable assets Yes. 1) a statement of the real rights on real estate and on movable registered in public records (Article 2 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Cash No. Absent from legal framework. (General)
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets Yes. 2) copy of the statement of income subject to income tax of individuals; (Article 2 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (General)
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Holding government contracts No. Absent from legal framework. (General)
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

Filing frequency

Filing required upon taking office Yes. MPs must submit asset declarations within 3 months of their proclamation. (Article 2 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))

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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework. (General)

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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework. (General)

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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
Timing of information release specified No. Absent from legal framework. (General)
Location(s) of access specified Yes. Official bulletin (Articles 9 of Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))
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 Financial DIsclosure Law No. 441/1982 (as supplemented by Decree Law No. 149/2013))

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework. (General)
Income and Assets
Real estate No. Absent from legal framework. (General)
Movable assets No. Absent from legal framework. (General)
Cash No. Absent from legal framework. (General)
Loans and Debts No. Absent from legal framework. (General)
Income from outside employment/assets No. Absent from legal framework. (General)
Incompatibilities
Gifts received as a public official No. Absent from legal framework. (General)
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 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 2013)
Holding government contracts No. Absent from legal framework. (General)
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 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 1994, amended 2016))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
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 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 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 2013)
Filing required upon leaving office No. Absent from legal framework. (General)
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework. (General)

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 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 2013)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework. (General)

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 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 2013)
Some agency assigned responsibility for verifying submission No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework. (General)

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 2013)
Timing of information release specified No. Absent from legal framework. (General)
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 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 2013)

Legislation

Law No. 215 on the Resolution of Conflicts of Interest of 2004_ITA (Italian)pdf
Law No. 441 on Financial Disclosure of 1982_ITA (Italian)pdf
Code of Conduct for Public Employees of 2013_ITA (Italian)pdf
Law No. 724 on Public Finance Rationalization of 1994_ITA (Italian)pdf
Penal Code of 1930_ITA (Italian)pdf

*Last update: 2017


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

20122015201620172020Trend
Restrictions4548484845
Sanctions5800058
Monitoring and Oversight1262626212

Alternative Metric

20122015201620172020Trend
Head of State1023232310
Ministers5957575759
Members of Parliament2623232326
Civil servants6043434360

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. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts Yes. General (Article 84 (2 of the Constitution (1947))
Board member, advisor, or company officer of private firm Yes. General (Article 84 (2 of the Constitution (1947))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. General (Article 84 (2 of the Constitution (1947))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

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

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. "Official gifts" are those items related to protocol and received from Italian or foreign authorities by the President of the Council of Ministers, Ministers and other members of government or their relatives because of their office, during official visits or meetings. Honors, decorations, insignia and the like are excluded. (Articles 1 and 3 of the Decree of Council of Ministers on gifts (2007))
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) Yes. Holders of government office are prevented from holding office or positions with public-law (including economic), for-profit or entrepreneurial entities. (Section 2 of Law on Resolution of Conflict of Interest (2004))
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm Yes. Holders of government office are prevented from holding office or positions with public-law (including economic), for-profit or entrepreneurial entities. (Section 2 of Law on Resolution of Conflict of Interest (2004))
Post-employment Yes. Holders of government office may not, for 12 months from the end of tenure, hold offices or positions or perform managerial tasks, or engage in professional activities with public-law entities (including economic entities), and with profit companies operating in sectors connected with the office held. (Section 2 of Law on Resolution of Conflict of Interest (2004))
Simultaneously holding policy-making position and policy-executing position Yes. Holders of government positions are prevented from engaging in a very broad range of activities, including 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. (Article 2 of Law on Resolution of Conflict of Interest (2004))
Participating in official decision-making processes that affect private interests Yes. Holders of government office are prevented from taking actions and participating in collegial decisions when they are exposed to a conflict of interest. (Section 1 of Law on Resolution of Conflict of Interest (2004))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. In a case of non-compliance with the prohibitions set forth by such a 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. In cases of non compliance, disciplinary measures can be applied and formal notice given. (Article 6 of Law No. 215 on the Resolution of Conflicts of Interests (2004) Article 7 of Law No. 441 on Regulating income and asset disclosure (1982))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The public official or the public servant who, in the discharge of his/her functions, acts in his/her own interest or in the interest of a close relative or provides to him/herself or to a close relative an unjust benefit or to others an unjust damage, will be punished with imprisonment for 6 months to 3 years. (Article 323 of the Criminal Code (1930))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) 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 of Law No. 215 on the Resolution of Conflicts of Interests (2004))

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm No. Absent from legal framework. (General)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. General (Article 135 (6) of the Constitution (1947))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. In case of non compliance, disciplinary measures can be applied and formal notice given. (Article 7 of Law No. 441 on Regulating income and asset disclosure (1982))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The public official or the public servant who, in the discharge of his/her functions, acts in his/her own interest or in the interest of a close relative or provides to him/herself or to a close relative an unjust benefit or to others an unjust damage, will be punished with imprisonment for 6 months to 3 years. (Article 323 of the Criminal Code (1930))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Civil servants

Restrictions

General restriction on conflict of interest Yes. The employee shall maintain a position of independence in order to avoid making decisions or engaging in activities inherent in his/her duties in situations of conflict of interest, even if only apparent. He/she shall not engage in any activity that contrasts with the correct performance of his/her official duties and he/she shall undertake to avoid situations and conduct that can harm the interests or the image of the public administration. (Article 2 of the Code of Conduct for Government Employees (2001))
Accepting gifts Yes. Public employees may not request or accept gifts or other benefits, save items for use or of modest value, from persons who have had or could have an advantage from decisions or activities of the office. (Article 3 of the Code of Conduct for Government Employees (2001))
Private firm ownership and/or stock holdings Yes. Civil servants may not engage in relationships or collaborations with organizations which have had, in the past two years, an economic interest in decisions or activities involving the office. (Article 7 Paragraph 2 of the Code of Conduct for Government Employees (2001))
Ownership of state-owned enterprises (SOEs) Yes. Civil servants may not engage in relationships or collaborations with organizations which have had, in the past two years, an economic interest in decisions or activities involving the office. (Article 7 Paragraph 2 of the Code of Conduct for Government Employees (2001))
Holding government contracts Yes. Civil servants may not engage in relationships or collaborations with organizations which have had, in the past two years, an economic interest in decisions or activities involving the office. (Article 7 Paragraph 2 of the Code of Conduct for Government Employees (2001))
Board member, advisor, or company officer of private firm Yes. Civil servants may not engage in relationships or collaborations with organizations which have had, in the past two years, an economic interest in decisions or activities involving the office. (Article 7 Paragraph 2 of the Code of Conduct for Government Employees (2001))
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. 145 (2002))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests Yes. Civil servants should abstain from participating in decisions which may affect his/her interest or the interest of relatives or entities in which he/she or his relatives have an interest. (Article 6 of the Code of Conduct for Government Employees (2001))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Collective bargaining agreements shall provide for coordination with the provision concerning disciplinary responsibility. (Article 1 of the Code of Conduct for Government Employees (2001))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Collective bargaining agreements shall provide for coordination with the provision concerning disciplinary responsibility. (Article 1 of the Code of Conduct for Government Employees (2001))
Penal sanctions are stipulated for violations of COI regulations restricting behavior Yes. The public official or the public servant who, in the discharge of his/her functions, acts in his/her own interest or in the interest of a close relative or provides to him/herself or to a close relative an unjust benefit or to others an unjust damage, will be punished with imprisonment for 6 months to 3 years. (Article 323 of the Criminal Code (1930))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Legislation

Constitution of the Republic of Italy of 1947 (Italian)pdf
Law on the Resolution of Conflicts of Interest of 2004 (Italian)pdf
Law on Non-Transferability and Incompatibility of Offices of 2013 (Italian)pdf
Law on the Prevention and Repression of Corruption and Illegality in the Public Administration of 2012 (Italian)pdf
Code of Conduct for Members of the Lower House of 2016 (Italian)pdf
Code of Conduct for Public Employees of 2013 (Italian)pdf
General Rules on the Organization of Work Employed by Public Administrations of 2001 (Italian)pdf

*Last update: 2017


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

20122015201620172020Trend
Scope and Coverage6493939393
Information access and release4254545454
Exceptions and Overrides5033333333
Sanctions for non-compliance067676767
Monitoring and Oversight5050505050

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 2020))
"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 2020))
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 2020))

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 2020))
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 2020))
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 2020))
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 2020))
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 2020))

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 2020) Art.12 Law on the obligation of public administration to ensure the public availability and transparency of information (2013, amended 2020))
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 2020))
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 2020))
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 2020))

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 2020))
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 2020))
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 2020))

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 2020))
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 2020))

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 2020)
Existence of personal privacy/data law Yes. Code on Data Protection (Code on Data Protection (2003, last amended 2019))
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 2020))
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 2020))
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 2020))
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 anti-corruption 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 (General)
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 2020))

Legislation

Constitution of the Republic of Italy of 1947_ITA (Italian)pdf
Legislative Decree No. 33 of 2013_ITA (Italian)pdf
Law No. 241 on Administrative Procedure of 1990_ITA (Italian)pdf
Law No. 124 on Information System for the Security of the Republic of 2007_ITA (Italian)pdf
Code regarding the protection of personal data of 2003_ITA (Italian)pdf
Law No. 114 of 2014_ITA (Italian)pdf

*Last update: 2017


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

20122015201620172020Trend
Scope777687
Information availability82328244
Evaluation75758175
Open competition61618675
Institutional arrangements43434336

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 awarding is permitted and publication of an award notice is not mandatory. Different rules on procedure and publicity requirements apply for contracts above EUR 40,000 and below EU thresholds. (Code of Public Contracts of 2016, as amended in 2020, Art. 36 (2))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 40000. Below EUR 40,000 direct awarding is permitted and publication of an award notice is not mandatory. Different rules on procedure and publicity requirements apply for contracts above EUR 40,000 and below EU thresholds. (Code of Public Contracts of 2016, as amended in 2020, Art. 36 (2))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 40000. Below EUR 40,000 direct awarding is permitted and publication of an award notice is not mandatory. Different rules on procedure and publicity requirements apply for contracts above EUR 40,000 and below EU thresholds. (Code of Public Contracts of 2016, as amended in 2020, Art. 36 (2))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 40000. Below EUR 40,000 direct awarding is permitted and publication of an award notice is not mandatory. Different rules on procedure and publicity requirements apply for contracts above EUR 40,000 and below EU thresholds. (Code of Public Contracts of 2016, as amended in 2020, Art. 36 (2))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 428000. EU thresholds are applicable. As of 2020, these are: EUR 428,000 for the supply of goods and services and EUR 5,350,00 for works. (Code of Public Contracts of 2016, as amended in 2020, Arts. 3 (1) hh) and 35 (2))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 139000. EU thresholds are applicable. As of 2020, these are: EUR 139,000 for goods and services (applies only to contracts concerning products covered by Annex III of Directive 2014/24/EU); and EUR 214,000 for public supply contracts awarded by central government authorities that operate in the field of defence, where those contracts involve products not covered by Annex III. For contracts covered by Directive 2009/81/EC thresholds applicable, as of 2020 are: EUR 428 000 for supply and service contracts; and EUR 5,350,000 for works contracts. (Code of Public Contracts of 2016, as amended in 2020, Arts. 1 (6) and 35 (1) b) c))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 40000. Below EUR 40,000 direct awarding is permitted and publication of an award notice is not mandatory. Different rules on procedure and publicity requirements apply for contracts above EUR 40,000 and below EU thresholds. (Code of Public Contracts of 2016, as amended in 2020, Art. 36 (2))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 40000. Below EUR 40,000 direct awarding is permitted and publication of an award notice is not mandatory. Different rules on procedure and publicity requirements apply for contracts above EUR 40,000 and below EU thresholds. (Code of Public Contracts of 2016, as amended in 2020, Art. 36 (2))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 40000. Below EUR 40,000 direct awarding is permitted and publication of an award notice is not mandatory. Different rules on procedure and publicity requirements apply for contracts above EUR 40,000 and below EU thresholds. (Code of Public Contracts of 2016, as amended in 2020, Art. 36 (2))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. Tender documents must be published in full on the website of the contracting authority, on the Public Contract Service ("Servizio Contratti Pubblici" - SCP) website maintained by the Ministry of Infrastructure and Transport (https://www.serviziocontrattipubblici.it/SPInApp/it/homepage.page) and on the ANAC website (http://www.anticorruzione.it/portal/public/classic/). (Code of Public Contracts of 2016, as amended in 2020, Arts. 29, 73 and 74)
Are any of these documents published online at a central place? Yes. Public Contract Service ("Servizio Contratti Pubblici" - SCP) website: https://www.serviziocontrattipubblici.it/SPInApp/it/homepage.page); ANAC website: http://www.anticorruzione.it/portal/public/classic/ (Code of Public Contracts of 2016, as amended in 2020, Arts. 29, 73, 74 and 81)
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. Contracting entities shall keep appropriate information relating to any contract, framework agreement and dynamic system form of acquisition governed by the Code of Public Contracts. Such information must be sufficient to enable them, at a later stage, to justify their decisions. In that sense, the contracting authority must keep documentation relating to, inter alia: communications with economic operators and internal deliberations; the preparation of tender documents; dialogue or negotiation, if required; the selection and award of the contract. The documentation is kept for at least five years from the date of the award of the contract, or, in the event of a pending controversy, until the relevant sentence becomes final. Additionally, the National Database of Public Contracts ("Banca Dati Nazionale dei Contratti Pubblici") is a computerized system for keeping records of all public contracts and that provides differentiated archives for different types of acts. It can be found at: https://dati.anticorruzione.it/superset/dashboard/appalti/. (Code of Public Contracts of 2016, as amended in 2020, Arts. 99 (4), 139 and 213)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. 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 conclusion of the contract or of the framework agreement. In the case of framework agreements concluded pursuant to Article 54, contracting authorities are exempted from the obligation to send a notice on the results of the award procedure of each procurement based on that agreement. However, they should group notices of results of the procurement procedure for contracts based on the framework agreement (mini-contracts) on a quarterly basis, and send the grouped notices for publication within thirty days of the end of each quarter. (Code of Public Contracts of 2016, as amended in 2020, Art. 98)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. There is no general duty to publish information on subcontractors in all contracts covered by the Code of Public Contracts of 2016. 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. Ultimately, award notices may include information on subcontractors (above EU thresholds) following the template provided in Annex XIV, Part D. (Code of Public Contracts of 2016, as amended in 2020, Arts. 99 (1) d), 105 (7) (15) and Annex XIV, Part D, 14)
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%.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. In addition to the applicable principles of equal treatment and non-discrimination, technical specifications must allow equal access for operators economic to the award procedure and must not involve directly or indirectly unjustified obstacles to opening public procurement of competition. Unless justified by the subject of the contract, the technical specifications cannot mention a manufacture either specific provenance or a particular characteristic process of the products or services provided by an economic operator specific, nor refer to a trademark, a patent or a type, to a specific origin or production that they would like effect of favoring or eliminating certain companies or products. Such mention or reference is however permitted, in via exceptional, in case a sufficiently precise description and intelligible object of the contract is not possible. In this case the mention or reference are accompanied by the expression "or equivalent". (Code of Public Contracts of 2016, as amended in 2020, Arts. 4 and 68 (4) (6))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. A general principle applicable to the award and execution of public contracts and concessions is that the criteria for participation in tenders must be such as not to exclude micro, small and medium-sized enterprises. Moreover, in order to facilitate the access of small and medium enterprises, contracting authorities should, where possible and cost-effective, split contracts into functional lots. In the case of subdivision into lots, the relative value must be adequate in order to guarantee the effective possibility of participation by micro, small and medium-sized enterprises. Additionally, guarantees for participation in certain procedures should be lower for SMEs. Finally, in line with the principles of equal treatment, non-discrimination, transparency and proportionality, contracting authorities shall indicate in the call for tender, notice or invitation the award criteria used in the evaluation of the offers in such a way as to facilitate the participation of micro, small and medium-sized enterprises, as well as of young professionals and newly established businesses. (Code of Public Contracts of 2016, as amended in 2020, Arts. 3 (1) aa), 30 (7), 41, 51, 83 (2), 84 (8), 93 (7), 105 (13) a), 154 (3) and 174 (7))
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 apply. (Code of Public Contracts of 2016, as amended in 2020, Art. 4)
Is there a specific set of rules for green/sustainable procurement? Yes. Environmental protection constitutes one of the key principles by which contracting authorities and tenderers must abide during procurement procedures. Environmental considerations are among applicable award criteria evaluated by contracting authorities (e.g. possession of an EU eco-label, offsetting of greenhouse gas emissions, etc). Contracting authorities and contracting entities shall publish projects of feasibility related to major infrastructural works and architecture of social importance, having an impact on the environment, on the cities and on the territorial structure, as well as the results of the public consultation, including meeting reports and discussions with stakeholders. Additionally, contracting authorities should contribute to the achievement of environmental objectives set out in the Action Plan for environmental sustainability of consumption in the public sector administration. This should be done through the inclusion, in tender design and documents, of at least the technical specifications and contractual clauses contained in the minimum environmental criteria adopted by decree of the Minister for the environment and protection of territory and the sea. Also, 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. (Code of Public Contracts of 2016, as amended in 2020, Arts. 4, 22, 23, 27 (7), 30, 34, 69 (1), 71, 87(2), 95 (6) b) c) (13), 96 (1) b), 100, 144, 170 (1) and 213 (9))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Tenderers can be excluded for, inter alia: 1. conviction of specified criminal offences (e.g. participation in a criminal organization, bribery, trading in influence, fraud, act of terrorism or suport of terrorist activities, money laundering, human traficking); 2. outstanding tax or social security contributions; 3. bankruptcy; 4. suspended business activities, etc. Grounds for exclusion are also applicable to subcontractors. (Code of Public Contracts of 2016, as amended in 2020, Art. 80)
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 authority may provide for the automatic exclusion of tenders submitted by tenderers if a reduction percentage equal to, or greater than the threshold of the abnormally low bid (paragraph 2) is identified. 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. (Code of Public Contracts of 2016, as amended in 2020, Art. 97 (8))
Is scoring criteria published? Yes. The contracting authorities who arrange the public procurement procedure give adequate motivation and indicate, in the notice/call for tenders, the criteria applied to select the best offer. The tender documents shall also establish the award criteria relevant to the nature, object and characteristics of the contract. In particular, the offer economically most advantageous identified on the basis of the best quality/price ratio, is evaluated on the basis of criteria objective, such as qualitative, environmental or social aspects, related to the subject of the contract. (Code of Public Contracts of 2016, as amended in 2020, Art. 94 (1) a) and 95 (5) (6))
Are decisions always made by a committee? Yes. In awarding tenders of public contracts or concessions (limited to cases where the applicable criterion is that of the most economically advantageous offer), evaluation of offers from a technical and economic point of view is entrusted to a jury made up of experts in the specific sector to which the subject of the contract refers. The commission is made up of an odd number of commissioners, not exceeding five, identified by the contracting authority and can work remotely with telematic procedures that safeguard the confidentiality of communications. The commissioners are chosen from among the experts enrolled in the Register established at the ANAC, referred to in Article 78. The appointment of commissioners and the constitution of the commission must take place after the deadline set for the submission of offers. The President of the jury is identified by the contracting authority among the commissioners drawn. (Code of Public Contracts of 2016, as amended in 2020, Art. 77)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. In addition to general rules on prevention of conflict of interests, specific rules apply to the evaluation committee. Upon acceptance of the assignment, the commissioners declare pursuant to Article 47 of Decree n. 445 of 28 December 2000, the non-existence of the causes of incompatibility and abstention referred to in paragraphs 4, 5 and 6 of Article 77. Contracting authorities, before the beginning of the assignment, ascertain the non-existence of causes impeding the appointment as a member of the selection board/commission. The existence of causes obstative or the declaration of incompatibility of the candidates must be promptly communicated by the contracting authority to ANAC for the purposes of the possible cancellation of the expert from the register and of the communication of a new expert. Commissioners must not have performed, nor can perform, any other function, technical or administrative assignment in relation to the contract whose assignment is concerned. Those who, in the two years prior to the announcement of the award procedure, have held public offices administrator, judges cannot be appointed in relation to the contracts entrusted by the Administrations to the which have exercised their institutional functions. Also excluded from subsequent assignments as commissioner are those who, as members of the commissions judges, have concurred, with intent or gross negligence ascertained in jurisdictional seat with unsuspended sentence, with the approval of acts declared illegitimate. In addition, in design contests the jury shall be composed solely of natural persons and, if a particular professional qualification is required for participants, at least one third of the members of the selection board must have this qualification or an equivalent one. (Code of Public Contracts of 2016, as amended in 2020, Arts. 42, 77 (3) (9) and 155)
Is some part of evaluation committee mandatorily independent of contracting authority? Yes. Commissioners are identified by the public contracting authorities from a list of candidates consisting of a number of names at least double that of the members to be appointed and in any case in compliance with the rotation principle. This list is communicated by the ANAC to the contracting authority, within five days from the request of the contracting authority. The contracting authority may, in case of assignment of contracts for services and supplies below the thresholds referred to in Article 35, for works of less than EUR 1 million or for those which are not particularly complex, name a few internal components of the contracting authority, in compliance with the principle of rotation, excluding the President. In case of awarding of contracts for the services and supplies of high scientific technological or innovative content, carried out in the field of investigation and development, ANAC can select the members of the commissions judges, also among the internal experts at the same contracting authority. (Code of Public Contracts of 2016, as amended in 2020, Arts. 77 (3) and 78)
Are scoring results publicly available? No. Only parties involved in the contracting can obtain the information. Award notices do not make reference to scoring. (Code of Public Contracts of 2016, as amended in 2020, Arts. 76 (5) 98 and 129)
Does the law specify under which conditions the tender can be cancelled? Yes. Grounds for tender cancellation or award annulment explicitly mentioned by the Code are: 1. failure to comply with the prohibition of association (temporary groupings and consortia of competitors other than the ones resulting from the commitment presented in the offer) both during the tender procedure and after the award; and 2. deffect in the composition of the evalution commission (e.g. conflict of interests). (Code of Public Contracts of 2016, as amended in 2020, Arts. 48 (9) (10), 77 (11))

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Publications Office of European Union (OJEU/TED), buyer's profile, ANAC website, regional platforms of e-procurement, daily local press and Official Journal of the Italian Republic (Code of Public Contracts of 2016, as amended in 2020, Arts. 72 and 73)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Publications Office of European Union (OJEU/TED), buyer's profile, ANAC website, regional platforms of e-procurement, daily local press and Official Journal of the Italian Republic (Code of Public Contracts of 2016, as amended in 2020, Arts. 72 and 73)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Publications Office of European Union (OJEU/TED), buyer's profile, ANAC website, regional platforms of e-procurement, daily local press and Official Journal of the Italian Republic (Code of Public Contracts of 2016, as amended in 2020, Arts. 72 and 73)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. 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. (Code of Public Contracts of 2016, as amended in 2020, Art. 91 (2))
What is the minimum number of bidders for negotiated procedures? General. 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. (Code of Public Contracts of 2016, as amended in 2020, Art. 91 (2))
What is the minimum number of bidders for competitive dialogue procedures? General. 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. (Code of Public Contracts of 2016, as amended in 2020, Art. 91 (2))

Bidding period length

What are the minimum number of days for open procedures? General. 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 counted from the transmition of the call for tenders. If the contracting authorities have published a prior information notice which has not been used as an invitation to tender, the minimum time limit for the receipt of tenders may be reduced to 15 days, provided that specific conditions are met. (Code of Public Contracts of 2016, as amended in 2020, Art. 60 (1))
What are the minimum number of days for restricted procedures? General. In restricted procedures, the minimum deadline for receiving offers is 30 days from the date of transmission of the invitation to submit offers. The period can be reduced to 10 days, in case a prior information notice has been published. (Code of Public Contracts of 2016, as amended in 2020, Art. 61 (3))
What are the minimum number of days  for competitive negotiated procedures? General. The deadline for receipt of initial offers is 30 days from the date of transmission of the invitation to tender. This term shall be reduced in the cases provided for in Article 61, paragraphs 4, 5 and 6. (Code of Public Contracts of 2016, as amended in 2020, Art. 62 (5))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Main exceptions include: 1. context-specific situations concerning concessions, public contracts and agreements between contracting entities and authorities within the public sector; 2. contracts in special sectors and concessions awarded to a joint venture or to a contracting entity that is part of a joint venture; 3. concessions and contracts in special sectors awarded by an entity adjudicator to an associate or joint venture, formed exclusively by several contracting entities to carry out activities described in Articles 115 to 121 and in Annex II or an undertaking related to one of those contracting entities; 4. activities directly exposed to competition; 5. service contracts awarded on the basis of an exclusive right; 6. contracts awarded by particular contracting entities for purchase of water and for the supply of energy or fuels intended to energy production; 7. specific exclusions applicable to concessions in the water sector (supply, management and networking and related activities - engineering projects, waste disposal and treatment, etc.); 8. special sector contracts awarded for resale or lease to third parties; 9. contracts and design contests awarded or organized by contracting entities for purposes other than the pursuit of an interested activity or for the exercise of an activity in a third country; 10. public procurement and design competitions in ordinary sectors and concessions mainly aimed at allowing contracting authorities making available or managing of public telecommunications networks or the provision to the public of one or more electronic communications services; 11. contracts and design competitions awarded or organized based on international standards; 12. specific exclusions applicable to contracts and service concessions; 13. contracts for the purchase of agricultural and food products for a value not exceeding EUR 10,000 per year for each enterprise, from individual or associated agricultural enterprises located in municipalities classified as totally mountainous; 14 concessions of air transport services (passenger) and of lottery services; 15. sponsorship agreements; 16. public works carried out at the expense of the private sector. (Code of Public Contracts of 2016, as amended in 2020, Arts. 4-20)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Contracting authorities are: the administrations of State; local public bodies; other public bodies not economic; bodies governed by public law; associations, unions, associations, however described, consisting of such persons. Central governmental authorities are: the contracting authorities listed in Annex III and their successor legal entities. Sub-central contracting authorities are: all contracting authorities which are not central government authorities. Bodies governed by public law are: any body, including in corporate form, the non-exhaustive list of which is contained in Annex IV. Additionally, contracting entities, for the purposes of the regulations referred to in: 1) Part II of the Code, are entities that: 1.1. are contracting authorities or public undertakings which carry out one of the activities referred to in Articles 115 to 121; 1.2. while not being contracting authorities or public companies, they exercise one or more activities among those referred to in Articles from 115 to 121 and operate in virtue of special or exclusive rights granted to them by the competent authority; 2) Part III of the Code, are entities that carry out one of the activities listed in Annex II and award a concession for the performance of one of these activities. (Code of Public Contracts of 2016, as amended in 2020, Art. 3 (1) a) e))
Does the law specify the main procedure types or procurement methods permitted? Yes. Open procedure ("Procedura aperta"); Restricted procedure ("Procedura ristretta"); Negotiated procedure with or without prior notice ("Procedura competitiva con negoziazione"); Competitive dialogue ("Dialogo competitivo"); and Partnership for innovation ("Partenariato per l'innovazione") (Code of Public Contracts of 2016, as amended in 2020, Arts. 59 (1) and 60-65)
Is there a procurement arbitration court dedicated to public procurement cases? No. Regional Administrative Courts (not specialised) are competent to analyse disputes arising during the tender procedure. Importantly, the Arbitration Chamber is a body placed within the ANAC structure which is in charge of analysing disputes arising from the implementation - i.e. after the contract has already been signed - of public contracts and concessions, in case an arbitration clause exists in the signed contract (between the contracting authority and the bid winner). (Code of Public Contracts of 2016, as amended in 2020, Arts. 204 and 210 Code of Administrative Procedure, as amended in 2020, Art. 120 (1))
Is there a procurement regulatory body dedicated to public procurement? Yes. National Anti-Corruption Authority (ANAC) (Code of Public Contracts of 2016, as amended in 2020, Art. 213 (1))
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. For each individual procedure for the award of a contract or a concession, the contracting authorities identify, in the act of adoption or updating of the programs referred to in Article 21, paragraph 1, or in the act of initiation relating to each individual intervention for needs not included in the planning, a single person in charge of the procedure (RUP) for the phases of planning, design, assignment, execution. The contracting authorities that use the purchasing and negotiation systems of the central purchasing bodies appoint, for each of these purchases, a person in charge of the procedure who specifically assumes, with regard to the individual purchase, the role and functions referred to in this article. Without prejudice to the provisions of paragraph 10, the RUP is appointed with a formal act of the person in charge of the organizational unit, which must be at the top level, among the permanent employees assigned to the same unit, with the necessary level of classification legal in relation to the structure of the public administration and adequate professional skills in relation to the tasks for which he is appointed; the replacement of the RUP identified in the programming referred to in article 21, paragraph 1, does not involve changes to it. Where it is ascertained the shortage in the staff of the aforementioned organizational unit, the RUP is appointed among the other employees in service. The office of sole head of the procedure is mandatory and cannot be refused. The name of the RUP is indicated in the announcement or notice with which the tender is announced for the award of the contract for works, services, supplies, or, in the procedures in which there is no announcement or notice with which the tender is announced, in the invitation to submit an offer. The RUP, according to the law of 7 August 1990, n. 241, carries out all the tasks relating to the planning, design, assignment and execution procedures envisaged by this code, which are not specifically attributed to other bodies or subjects. In addition to the tasks specifically provided for by other provisions of the code, in particular, the RUP: a) formulates proposals and provides data and information for the purpose of preparing the three-year program of public works and the related annual updates, as well as for the preparation of any other act of planning of public service and supply contracts and the preparation of prior information notice; b) takes care, in each phase of implementation of the interventions, to control the levels of performance, quality and price determined in accordance with the financial coverage and the schedule for carrying out the programs; c) ensures the correct and rational execution of the procedures; d) reports any malfunctions, impediments, delays in the implementation of the interventions; e) ascertains the free availability of necessary areas and buildings; f) provides the contracting authority with the data and information relating to the main stages of implementation of the intervention, necessary for the coordination, direction and control activities within its competence and supervises the efficient economic management of the intervention; g) proposes to the contracting authority the conclusion of a program agreement, in accordance with the regulations in force, when the integrated and coordinated action of different administrations; h) proposes the call or, where competent, calls the conference of services pursuant to the law of 7 August 1990, n. 241, when it is necessary or useful for the acquisition of agreements, opinions, concessions, authorizations, permits, licenses, clearances, assents, however denominated; i) verifies and supervises compliance with contractual provisions in concessions. With the regulation referred to in article 216, paragraph 27-octies, a more detailed discipline on the specific tasks of the RUP, on the conditions and methods of appointment, as well as on the additional requirements of professionalism with respect to the provisions of this code, in relation to the complexity of the work is defined. The maximum amount and the type of works, services and supplies for which the RUP can coincide with the designer are also determined, with the construction manager or the execution manager. Until the date of entry into force of the regulation referred to in Article 216, paragraph 27-octies, the transitional provision provided for therein shall apply. For works and services relating to engineering and architecture, the RUP must be a technician; where this professional figure is not present, the skills are attributed to the person in charge of the service to which the work to be carried out relates. In the case of particularly complex contracts in relation to the work to be carried out or to the specificity of the supply or service, which necessarily require highly specialized assessments and skills, the sole person in charge of the procedure proposes to the contracting authority to assign specific tasks to support of the entire procedure or part of it, to be identified from the first tender documents. (Code of Public Contracts of 2016, as amended in 2020, Art. 31)
Is disclosure of final, beneficial owners required for placing a bid? No. (Code of Public Contracts of 2016, as amended in 2020, Art. 3 (1) z))

Complaints

Is there a fee for arbitration procedure? Yes. The court (Regional Administrative Court) shall of its own motion order the unsuccessful party to pay a pecuniary sanction of not less than double and not more than five times the court fees ("contributo unificato" or unified contribution) due for the application initiating proceedings, when the unsuccessful party has acted or resisted recklessly in legal proceedings. In disputes concerning contracts referred to in Articles 119 a) and 120 of the Code of Administrative Procedure (Legislative Decree No. 104 of 2 July 2010), the amount of the financial penalty may be increased up to 1% (one per cent) of the value of the contract, where this limit is exceeded)). Article 15 of the implementing rules shall apply to the proceeds of the penalties provided for in this paragraph. (Code of Public Contracts of 2016, as amended in 2020, Art. 204 Code of Administrative Procedure, as amended in 2020, Art. 26 (2))
Is there a ban on contract signature until arbitration court decision (first instance court)? No. If an appeal has been lodged against the award of the contract with a request for interim relief, the contract may not be concluded from the time the interim relief request is notified to the contracting authority until twenty days later, provided that at least the interim measure of first instance or the publication of the operative part of the judgment of first instance in the event of a decision on the merits at the interim hearing, or until the pronouncement of such measures, whichever is the later, takes place within that period. The suspensive effect on the conclusion of the contract shall cease when, during the examination of the application for interim relief, the judge declares himself not to have jurisdiction pursuant to Article 15 (4) of the Administrative Procedure Code (Annex 1 to Legislative Decree No. 104 of 2 July 2010), or fixes by order the date for the discussion of the merits of the case without granting interim relief measures, or postpones the examination of the application for interim relief to the proceedings on the merits, with the consent of the parties, which shall be deemed as an implicit waiver of the immediate examination of the application for interim relief. However, an interim relief must be requested by the applicant, rather than the appeal having automatic suspensive effect. (Code of Public Contracts of 2016, as amended in 2020, Art. 32 (11) Code of Administrative Procedure, as amended in 2020, Art. 120 (4))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. Albeit not a designated maximum, 60 days can roughly be used as reference. This is because, if the parties jointly request that the decision be limited to the examination of a single question, and in any other case compatible with the requirements of the defence of all the parties in relation to the complexity of the case, the case shall normally be settled, also by derogation from the first sentence of paragraph 1 of Article 74 of the Code of Administrative Procedure, at the outcome of the interlocutory hearing pursuant to Article 60, if the conditions are met. If this fails, the case shall, in any case, be defined by a simplified judgement at a hearing fixed ex officio and to be held within 45 days from the expiry of the time limit for the parties other than the appellant to appear. The parties are immediately notified of the date of the hearing by the secretariat by certified e-mail. In the event of preliminary investigation requirements or when it is necessary to supplement the cross-examination or ensure compliance with the terms of defence, the definition of the merits of the case is postponed, with the order ordering the completion of the preliminary investigation or the supplementation of the cross-examination or ordering the postponement due to the need to comply with the terms of defence, to a hearing to be held no later than 30 days. The court shall deliver its judgment within 15 days after the hearing. If the drafting of the grounds is particularly complex, the judge shall publish the operative part within the time limit referred to in the first sentence, also indicating any claims that have been upheld and the measures to implement them, and shall in any case file the judgment within 30 days of the hearing. So, essentially, in addition to the general 45 days (maximum) for the hearing to be scheduled, 15 days should be added for the court to deliver its judgement (60 days in total). Translated with www.DeepL.com/Translator (free version) (Code of Administrative Procedure, as amended in 2020, Art. 120 (6) (9))
Is there a requirement to publicly release arbitration court decisions ? Yes. The court shall deliver its judgment within 15 days after the hearing. If the drafting of the grounds is particularly complex, the judge shall publish the operative part within the time limit referred to in the first sentence, also indicating any claims that have been upheld and the measures to implement them, and shall in any case file the judgment with the respective secretary within 30 days of the hearing. Decisions can be found at: https://www.giustizia-amministrativa.it/web/guest/dcsnprr (Code of Administrative Procedure, as amended in 2020, Arts. 74, 89, 90 and 120 (9) (10))

Legislation

Legislative Decree No. 104 of 2 July 2010, establishing the Code of Administrative Procedure (Italian)pdf
Legislative Decree No. 50 of 18 April 2016, establishing the Code of Public Contracts (Italian)pdf

*Last update: 2017