ITALY Law and Practice Contributed by: Alessandro Pistochini, Davide Giorgiadi, Giulia Barattini and Carlotta Scozia, Pistochini Avvocati Studio Legale
OECD On 10 October 2024, the OECD published its Phase 4 Two-Year Written Follow-up report on Italy, which assesses Italy’s implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Busi - ness Transactions (Paris, 1997) and the 2021 Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions. The report shows that Italy has promoted significant ini - tiatives to raise awareness about corruption, especially by enhancing legislative framework to protect whistle-blowers. On the other hand, the OECD still has some objections regarding the anti-corruption policies implemented in Italy. Notably, despite the extension of the statute of limitations in recent years, the duration of the statute of limitations for offences against public administration is still considered too short, and the countermeasures against international cor - ruption are still deemed too weak. GRECO On 26 March 2024, GRECO published its Fourth Evaluation Round Second Addendum to the 2nd Compliance Report on Italy. This report was adopted by GRECO at its 96th Plenary Meet - ing in Strasbourg (18–22 March 2024). GRECO focused on the implementation status of the Council of Europe Anti-bribery Conventions in Italy, which concern corruption of parliamentary members, judges and public prosecutors. In general terms, the report recognised the effec - tiveness of the initiatives launched following the recommendations concerning the status of judg - es and prosecutors, although a similar result has yet to be achieved regarding members of par - liament due to the persistent absence of codes of conduct for chambers. However, GRECO emphasises that the authorities have expressed
and prevents corruption) and ANAC entered into a convention aimed at supporting whistle- blowers and promoting best practices to coun - ter potential irregularities, illegal activities and maladministration in the workplace. As part of this initiative, in June 2024, ANAC published a report on the implementation of the new whistle- blowing regulations in Italy. Bank of Italy’s (Banca d’Italia’s) Anti-Money Laundering Notebooks on Corruption Risk in Public Procurement In September 2024, the financial intelligence unit for Italy (a body of Banca d’Italia ) published Anti- Money Laundering Notebook No 23, titled “Cor - ruption Risk Indicators in Public Procurement: A Proposal Using Italian Open Data”. Analys - ing public data from ANAC, the study identifies 12 indicators, calculated for tenders published in Italy between January 2018 and June 2023, which pertain to the specific characteristics of the tender or the contract-awarding process that may signal potential proximity to corruption. 8.3 Compliance Monitorships Regarding whether enforcement bodies can seek a compliance monitor as part of corporate resolutions, see 8.1 Compliance Obligations .
9. Assessment 9.1 Assessment of the Applicable Enforced Legislation
Italian legislation is regularly monitored and peri - odically assessed both by national authorities (such as the Ministry of Justice and the Supreme Court) and by several international organisa - tions. The most recent reports on bribery and corruption in Italy have been provided by the OECD and GRECO, as well as by ANAC.
265 CHAMBERS.COM
Powered by FlippingBook