In implementation of the relevant international conventions, the purpose of fighting corruption comes, in particular, pursued by the law 190/2012 "Provisions for the prevention and repression of corruption and illegality in the public administration".
The main tools for preventing corruption and illegality in the public administration are the national anti-corruption plan; transparency; the codes of conduct; staff rotation; the obligation to abstain in the event of a conflict of interest; He Pantouflage; the discipline of incompatibilities in the tender committees; the discipline on the protection of the employee who makes reports of wrongdoing (Whistleblower).
The protection of the public employee who reports offenses is protected by the article 54 bis of the Legislative Decree. 165/2001.
The ANAC regulation
The civil servant who reports wrongdoing cannot be sanctioned, demoted, fired, transferred or subjected to other measures having an adverse effect on working conditions.
The Anac Whistleblowing Regulation, Resolution 690 of 1 July 2020 governs "the management of reports and for the exercise of the sanctioning power regarding the protection of the authors of reports of offenses or irregularities of which they have become aware in the context of an employment relationship referred to in Article 54-bis of the decree legislative n. 165/2001”.
With this regulation, the structure of the previous one was modified to allow the National Anti-Corruption Authority to exercise the sanctioning power more efficiently and quickly and to play an active role in the emergence of illegal acts committed in public administrations.
The types of proceedings
The Regulation governs four different types of proceedings. First of all, the procedure for managing the reports of offenses submitted pursuant to paragraph 1 dell’art. 54-to; Furthermore, the sanctioning procedure for ascertaining the adoption of retaliatory measures, initiated pursuant to paragraph 6 first period of art. 54-to; the sanctioning procedure for ascertaining the inertia of the Head of Corruption Prevention and Transparency (RPCT) in carrying out verification and analysis of the reports of offenses referred to in paragraph 6 third period of art. 54-bis ed, finally, the sanctioning procedure for ascertaining the absence of procedures for the forwarding and management of reports, comma 6 second period of art. 54-to.
The system of the regulation
The Anac Whistleblowing Regulation, resolution 1 July 2020 foresees 5 leaders. The first chapter lists a number of definitions, where the main novelty introduced concerns art. 1 became. k) , where a broader notion of retaliatory measure was provided than that provided for by the previous Regulation, more in line with both the Guidelines and the new European Directive on whistleblowing.
The second chapter contains the procedure for managing reports of offenses or irregularities transmitted to Anac pursuant to art. 54-to, comma 1: the main innovations proposed concern the introduction of an analytical indication of the essential elements of reporting offenses;
Furthermore, the sanctioning procedure initiated on the basis of the communications of retaliatory measures is regulated, where an analytical indication of the essential elements of the communications of retaliatory measures was introduced. Furthermore, changes have been introduced in the regulations relating to the preliminary phase, regulating the participation of the whistleblower in the sanctioning procedure initiated by the Authority and streamlining the articulation of the procedure itself.
Furthermore, a simplified sanctioning procedure is envisaged, which has been regulated in a timely manner the procedure that the Authority can initiate pursuant to art. 54-to co. 6 second period.
Finally, contains the final provisions providing for the time of entry into force, expressly declaring that the "Regulation will be applied to sanctioning proceedings initiated after its entry into force".
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