Fabio Elefante, Società pubbliche e normativa anticorruzione


1. Premessa. 

2. La figura del responsabile della prevenzione della corruzione. 

3. Ambito soggettivo di applicazione della Legge Anticorruzione.

4. Il responsabile della prevenzione della corruzione e società partecipate.


This study intends to illustrate the inconsistencies of Law No. 190/2012, and,
specifically, the limits of a wide interpretation of the scope of the Anti-corruption regulation.Starting from the analysis of the functions and of the liability of the person responsible for Anti-corruption prevention, the Author, on one side, represents how difficult applying the Anti-corruption regime to state-owned companies is, and, at the same time, raises doubts about the legitimacy of the Anti-Corruption National Plan itself.Remarks offered in this study only in part have found answer in or have been confirmed by the document that ANAC jointly with the Ministry of Economy and
Finance prepared during the draft of this study. The other part has been sidestepped
instead.Finally, this study emphasizes on the need of a new legislation aimed to give
to the Anti-Corruption National Plan a real legislative support and, similarly, to
solve practical problems inherent to the liability of the person in charge of Anti-corruption prevention that, where not solved, may determine uncertainty in interpreting the law or the ineffectiveness of the Anti-corruption regulation.