Transparency and Corruption prevention in the Italian Public Administration
Ministero per la Pubblica Amministrazione e Innovazione -Dipartimento Funzione Pubblica
Italy

The Problem

The classical approach to transparency, as defined in Italian administrative law (Law 241/90) aims to protect individual rights by granting access to administrative acts under specific conditions. This type of approach to transparency can be considered as a retrospective process of the new initiative.

The government acted on the firm belief that restating ethical values and promoting a culture of legality were an inherent need for the proper functioning of the public administration.

The initiative to foster transparency and corruption prevention in the public administration was one of the key innovative elements of the Italian reform of the public administration. The general strategy and guidelines to reform were issued by the Italian Ministry for Public Administration and Innovation on 28 May 2008. This strategy was enacted into law on 4 March 2009 (Law 15/2009). On 27 October 2009, the Government approved Legislative Decree 150 implementing the Reform.

From an internal perspective of the public administration, the objective was to transform the perception of legality into one that would favor the culture of public ethics and be able to encourage the creation and development of social capital as a public resource.

Transparency, prevention of corruption, personal/collective responsibility have been seen as tools to enhance democracy, participation and efficiency in the public administration and to ensure greater trust from citizens and businesses.

This initiative reinforced previous non legal and legal initiatives with the aim of ensuring total access to all aspects of public organization in order to ensure a widespread form of friendly citizen control. This approach also concerns organizing data in order to make information not just accessible, but also comprehensible.

This participatory and transparent approach has also been used during the decision-making process leading to the adoption of the decree: an online public consultation has been carried out with stakeholders (managers, professors, trade unions and research organizations) in order to inform them and receive their feedback.

Solution and Key Benefits

 What is the initiative about? (the solution)
With the new framework that has emerged from the Italian public sector reform, the range and scope of transparency is now extended to increase the overall level of clearness within the public administration. The reform is centered on a number of driving principles such as merit, efficiency, responsibility, transparency, and integrity each of which act as antidotes against corruption by leaving little room, if any, for the type of harmful discretionary decision making. Four areas are affected.

Corruption prevention
The link between transparency and anti-corruption is highlighted in the Reform Decree, mainly through the adoption of transparent tools to ensure total accessibility of data (event and process transparency) and to foster a culture of integrity and legality. As of 2011, each administration has to draw a Multi-annual Transparency Plan to guarantee total public online access to administration performance planning and results, individual reward schemes and all other aspects of the administration’s operations. These plans must also list the administrative activities in support of citizen participation.

From the organizational point of view, important changes were made as the decree law 112 of 2008 suppressed the function of High Commissioner against corruption (HC) in the framework of a wider plan for the rationalization of public expenditure and reorganization of administrative structures. The Prime Minister Decree of 2 October 2008 transferred the HC functions to the Department for Public Administration (DPA) within the Presidency of the Council of Ministers. In line with the objective to promoting legality, transparency and integrity, the Department for Public Administration established the Anti-corruption and Transparency Service (SAeT). Law no. 116, August 3, 2009 then ratified the UN Convention against Corruption and designated the functions of the abolished High Commissioner to the Department for Public Administration where SAeT was granted the necessary independence to carry out its functions, effectively and free from any undue influence, as the National Anticorruption Authority.

Performance assessment and accountability
The National Commission for Evaluation, Transparency and Integrity will provide technical support for the Transparency Plan and be the whistleblower. It will also gather data related to Transparency Plans, and Performance Plans and Reports, on a Transparency Portal that promotes open government. Sanctions have been established for managers in cases of non-compliance or implementation failures.

Collective control
Building on the positive results obtained early in the reform process, the Reform Decree sets a new standard in public administration transparency and a global framework for transparency, aimed at fostering a citizen-centred form of control. This form of control is reinforced by the rights granted in Legislative Decree 198/2009.

Citizen participation
The dimensions of organisational performance defined in the Reform Decree (Article 8) include the quality and quantity of citizen and stakeholder participation through two main channels: stakeholder engagement and customer satisfaction measurements. The overall performance of the organisation shall thus take into account its level of performance in such fields. Through the establishment of compulsory transparency days, administrations are required to share process transparency data (Performance Plans and Reports) enabling citizens to participate in shaping policies.

Actors and Stakeholders

 Who proposed the solution, who implemented it and who were the stakeholders?
The initiative is part of the overall Italian reform of the public administration designed by the Minister for Public Administration and Innovation since May 2008. It is well worth pointing out that a whole-of-government approach behind the reform was key in securing the necessary leadership and commitment for this process.

The reform strategy was enacted into law on 4 March 2009 (Law 15/2009) and on 27 October 2009, the Government approved the Legislative Decree (DL 150) which implemented the reform.

During the decision-making process leading to the adoption of the decree an online public consultation has been carried out with stakeholders (managers, professors, trade unions and NGOs) in order to inform them and receive their feedback.

In the fight against corruption the proposed solution could not have been limited to severe sanctions, the public administration needed to make a difference in a deeper and broader sense by showing a daily commitment to efficiency and transparency. Every public office and each civil servant that is contributing to the spirit of this reform are the ones that are implementing it in favor of the stakeholders, the citizens and businesses. The cross-cutting actions of civil organizations, institutions and associations and the support and stimulus coming from NGOs such as Transparency International Italia, Cittadinanzattiva, Civicum have complemented and completed this change management process on behalf society as a whole.

(a) Strategies

 Describe how and when the initiative was implemented by answering these questions
 a.      What were the strategies used to implement the initiative? In no more than 500 words, provide a summary of the main objectives and strategies of the initiative, how they were established and by whom.
Transparency Operation
The so called “Transparency Operation”, launched by the Department for Public Administration in May 2008, is a first step towards more transparent administration and is meant to thwart inefficiency and to reward merit as well as strengthening of citizens’ trust in public institutions.

The Transparency Operation initiative is in line with international instruments such as the OECD
Principles for Improving Ethical Conduct within the Public Service. Under the Transparency Operation, the government has provided total disclosure on data and figures concerning the public administration to ensure visibility and provide citizens with control.

Disclosed data include information on proceedings, tenders, evaluations, absences, remuneration for consortia and companies in which the State has a share, assignments for consultants and external freelancers. Information is available on remunerated assignments to civil servants, secondments, salaries, curricula vitae, e-mail addresses and contacts of managers and secretaries at municipal and provincial level, as well as public administration success stories. Information on all leave granted by public administrations to civil servants to participate in trade union activities (secondments, “leaves of absence” and time off work) or elected public office activities also must be published on line.

To comply, every administration has to adopt a three-year program for performance transparency and integrity, and provide a specific web page on the program. The program must, in fact, be made public in order to implement all organizational and procedural changes related to the new requirements. Moreover, administrations are required to disclose the annual performance plans and reports containing the strategic and operational objectives, as well as the results achieved and the outcomes of the performance appraisal of staff. Both Transparency Plans and Performance Plans should be discussed with stakeholders in dedicated “transparency days” organized annually by each administration.


Transparency to prevent corruption
The Italian anti-corruption strategy focuses on prevention of corruption within public administration through transparency, monitoring and risk assessment.

Since 2008, the solution adopted has been oriented towards a model that combines preventive, policy development and co-ordination powers (e.g. research and analysis, training and advisory functions on risk of corruption, etc.).

In this respect, the Prime Minister Decree of 2 October 2008 transferred functions and powers of the Italian High Commissioner against Corruption to the Department for Public Administration of the Presidency of the Council of Ministers.

Aims of Anticorruption and Transparency Service (SAeT) are to identify and analyze the risk of corruption and other illegal behavior in the Italian public administration, to uncover the roots of the problem and to suggest possible strategies to prevent such occurrences.

By Law 116 of 3/8/2009, Italy ratified UNCAC, thereby designating the DPA as the National Anticorruption Authority.

Finally, an Anti-Corruption draft bill (AS 2156) is currently before Parliament. It represents a renewed commitment to fighting corruption by bringing Italy in line with the provisions of UNCAC. The bill contains, inter alia, measures such as the National Anti-Corruption Plan, the Observatory on Corruptive Phenomena and other important measures on transparency, simplification and reduction of corruption with a focus on public procurement.

(b) Implementation

 b.      What were the key development and implementation steps and the chronology? No more than 500 words
Transparency Operation
This initiative, enacted by the Ministry for Public Administration and Innovation, provides the publishing of public managers’ data and appointment-related information online. It is now compulsory for all public entities to submit the information listed above to the Department for Public Administration and to make it available to the citizens. A positive result of the Transparency Operation has been the change in the information exchange between the entire public administration and the Public Administration Department.

In line with these objectives, in July 2010 the Ministry for Public Administration and Innovation, after online public consultation, published guidelines for websites of public administrations in order to reach comprehensive and agreed principles to improve the quality of online information and public services. Feedback from the users of the systems focuses on the request to increase the usability of the application (e.g. create a single access point for all communications, present the functionalities clearly and concisely, and avoid asking multiple times for the same information provided in relation to different activities).

Within the framework of the Transparency Operation, the Department for Public Administration has created a model inspired by the principles of open data governance. In 2010 the Minister for Public Administration and Innovation launched the PERLA PA Program, an integrated system that manages all compliance levels within the direct responsibility of PAD, to collect, monitor and publish relevant information on public employment. The program involves about 15,000 public administration entities.

Transparency to prevent corruption
Transition that began with the closure of the former High Commissioner against corruption, made it necessary to initiate a reflection on the best structure to adopt for SAeT (Anticorruption and Transparency Service).

As per OECD, Specialised Anti-Corruption Institutions - Review of Models, 2008 there isn’t “best models” or blueprints for establishing anti-corruption institutions because any new institution needs to be adjusted to the specific national context.

Italy designed a solution between a Multi-purpose agencies with law enforcement powers and preventive functions and a Preventive, policy development and co-ordination institutions. The SAeT model is mainly oriented towards prevention: policy development and co-ordination, tools, research and analysis, training, solutions, cooperation with civil society.

In line with the key areas set out by UNCAC and with the guidelines of the reform of public administration, further actions have been undertaken by the Ministry for Public Administration and Innovation that focus on transparency, among them: the development of a model for mapping the risk of corruption, the availability via the web of all information about the main national and international activities in the fight against corruption, and the analysis of daily newspapers.

In line with the OECD Principles for Enhancing Integrity in Public Procurement (OECD, 2008), other measures taken by the Italian government focus on general implementation of Integrity Pacts, sustainable procurement, transparency in public utilities and analysis of financial and economic crime. Reports on the results achieved in the fight against corruption are presented to the Italian Parliament yearly with an updated map of corruption.

(c) Overcoming Obstacles

 c.      What were the main obstacles encountered? How were they overcome? No more than 500 words
The main obstacle in the definition and implementation of the initiative was the cultural aspect as well as the lack of the proper capacity to fully utilize the tools that are available today through technology and in particular by Internet.

With a public administration sector involving more than 15.000 entities, this “cultural” obstacle is very relevant and almost structural. Supporting the diffusion of transparency and ensuring the continuous monitoring was therefore one of the biggest challenges.

To face this challenge, a new system based on rules, processes and technologies had to be developed. This system allows for a continuous improvement of transparency in the whole Italian public sector as well as for the monitoring of all relevant actions at all levels of government. In particular the government:
1) Ensured the convergence between the existing legal and regulatory constraints and the new needs for transparency and open government;
2) Re-engineered the back office processes, focusing on the processes to preserve data and on the reduction of the information load, in order to achieve transparency on the front office;
3) Defined technical standards, methodologies and technologies in order to monitor and measure transparency in real time and in a simple way.

With regard to corruption, another issue was the lack of empirical and quantitative knowledge of the phenomenon and a somewhat confused approach in dealing with the matter.

These obstacles were also tackled by providing a correct and objective information that was realized in particular through the use of Internet in order to reach all the citizens directly and in real time with the logic of total disclosure of information, which is, in fact, one of the key drivers of the reform.

(d) Use of Resources

 d.      What resources were used for the initiative and what were its key benefits? In no more than 500 words, specify what were the financial, technical and human resources’ costs associated with this initiative. Describe how resources were mobilized
The initiative has been implemented practically without costs, and what’s more, regarding the reorganization of the HC into the lighter structure of SAet, it has actually allowed for a considerable cut of unnecessary expenditures.

The initiative has been brought forth by two structures of the Department for Public Administration of the Presidency of the Council of Ministers, the Office for statistical information and institutional data centers and the Anticorruption and Transparency Service. The first structure counts on 15 employees and has an annual budget of 160.000 Euro, within the second, SAet, the employees are 12 and has been endowed with 2 million Euro for its activities.

Sustainability and Transferability

  Is the initiative sustainable and transferable?
The reform framework put in place by the Minister for Public Administration and Innovation is based on a stringent timeframe, especially for public entities at the central level of government. The implementation requires a thorough co-ordination among key players of the reform in order to align strategy and resources in different organizations.

The Minister has defined two main instruments to support this effort, namely the Reform Delivery Unit, a co-ordination unit with representatives of all key players, and a web portal on the reform. The aim is for all public entities to be in the best possible condition for the first round of the Performance Management Cycle, i.e. as of 2011, as defined in the Legislative Decree 150/2009.

The ability of the Department for Public Administration to support the various entities within public administrations in the reinforcement of a significant scope of reforms is a key success factor.

This initiative concerns all public administrations at the national and local level. In addition, the Italian Government is working together with International organizations and NGOs to disseminate our experiences and practices at international level also with the objective to replicate the model where possible.

Lessons Learned

 What are the impact of your initiative and the lessons learned?
The reform considers transparency and integrity essential parts of any system of monitoring, evaluation and reward granting. This is why, according to the Italian reformers, what is needed is not just extending the concept of performance beyond the definition of efficiency and effectiveness, to include the overall values of good governance. It also requires bringing citizens into the process of evaluation and indicating preferences that support more responsive allocation of public resources.

Reaping the benefits of the public administration reform will require appropriate actions to foster a cultural change both in the public administration and in the greater society. It requires promoting and communicating new opportunities for citizens, businesses and public servants, in order to ensure the dissemination of the reform’s benefits and the expected up-take of digital services.

Contact Information

Institution Name:   Ministero per la Pubblica Amministrazione e Innovazione -Dipartimento Funzione Pubblica
Institution Type:   Government Department  
Contact Person:   Gianluigi Benedetti
Title:   Diplomatic Counsellor  
Telephone/ Fax:   +39 0668991
Institution's / Project's Website:  
E-mail:   g.benedetti@governo.it  
Address:   Corso Vittorio Emanuele 116
Postal Code:   00186
City:   Roma
State/Province:   Roma
Country:   Italy

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