Mafia, Anti-Mafia ‘rejects’ Loose municipalities: “Unacceptable lack of transparency and corruption prevention”

‘From ’91 to 2020 324 municipal administrations dissolved, including relapses up to 3 times’

Municipalities dissolved for mafia ‘fail’ on transparency and the prevention of corruption. Give her critical issues linked to the role of ‘Responsible for the prevention of corruption and for transparency’ to the defaults on the ‘Three-year plan for the prevention of corruption and transparency’, from shortcomings with respect to the requirements for the sections’Transparent administration‘from the website of the commune commissions to those on the’Annual report on anti-corruption measures’, a picture emerges with many shadows from “Report on the prevention of corruption and transparency in the municipalities dissolved by the mafia“, unanimously approved by Parliamentary Anti-Mafia Commissionthe chairman rapporteur Nicola Morra.

L’analyses examined the data concerning transparency and the prevention of corruption in the Italian municipalities that in the year 2020 (or part of it) they were governed by an Extraordinary Commission after a dissolution. During the year in question, 53 Municipalities entrusted to a commissioner management: to the 42 that were in this condition on January 1 (17 of which then returned to the vote in September 2020), 11 were added in the for which the dissolution was ordered during the same calendar year.

“The in-depth analysis carried out – reads the report of the Parliamentary Anti-Mafia Commission – has shown above all that the multiple regulatory provisions and the measures prepared by the legal system to prevent corruptionand first of all those aimed at ensuring the transparency of administrative action, they are largely neglected if not obliteratednot only before the dissolution but also subsequently during the extraordinary management period “. Faced with the new attitude of organized crime which acts through a” systematic infiltration of public apparatuses “and the importance of” corruption prevention to counteract the ‘infiltration into the public administration “, according to the Parliamentary Anti-Mafia Commission”the lack of attention to transparency and the prevention of corruption is not acceptable in those administrative realities whose previous activity has been polluted and conditioned and which we try to bring back to legality through the action of the commissioner managements “.

Therefore, in the first place “a prompt adhesion by the” dissolved “municipalities to theNational register of the resident population. It constitutes an important safeguard of legality – observes the Parliamentary Commission – also for electoral consultations, as it guarantees the correct management of the lists in the face of possible manipulations in the interest of organized crime. The administrative investigations leading up to the dissolution of the municipalities (as well as the judicial investigations) have often highlighted the conduct of pollution precisely at this delicate moment in the democratic life of local authorities “.

According to the Commission, “theessentiality of the role of the Manager for the prevention of corruption and transparency“and the” conditions should be set so that it can effectively perform the functions that the regulations entrust to it. ” rules that preside over the figure of the “Municipal Secretary who, as a rule, is also assigned the role of Head of Corruption Prevention and Transparency”. A key role for which, according to the Commission, should be envisaged “economic, personnel and instrumental resources (and among these an appropriate computerization) “, as well as a”adequate professional training“.

“Even more, in the municipalities dissolved due to mafia infiltrations, it would be desirable that the extraordinary commissions operate an accurate vigilance and impulse with respect to the work of the Head for the prevention of corruption and transparency, replacing him or taking over his functions in the event of inadequacy “, underlines the Commission which noted” delays “in the development of the ‘Three-year plan for the prevention of corruption and transparency ‘.

“The section ‘Transparent administration’ of the website of the commissariats has a lack of content and do not comply with the regulatory provisions under many profiles and aspects, thus preventing that widespread control of the work of the administrations that the legislation on ‘transparency’ wants to guarantee “, underlines the Anti-Mafia Commission, which instead believes” it is also essential to guarantee the completeness of the publication of the data regarding public tender procedures and the choice of subjects to whom to entrust the supply of goods or services or the construction of public works and the content of stipulated contracts “.

To overcome these problems, the Anti-Mafia Commission considers a “adequate solution“that proposed by the” president of the National Anti-Corruption Authority to establish a single portal for the management of the ‘Transparent administration’ section: in this way, the significant advantage of releasing the municipalities from the financial burden of relying on external companies for the design, implementation and management of transparency on the website could be achieved, as well as the important result of centralized control of published content and training uniformity of the personnel assigned to data entry “.” Furthermore, the creation of a single portal would guarantee citizens a common interface, facilitating access to information and its use “, he continues.

Extremely lacking – the Parliamentary Commission underlines – there was also an indication of the ‘additional measures, in addition to the mandatory ones’, as well as the profiles relating to personnel, in particular (but not only) the managerial one. The results of the analysis performed show the little attention to issues concerning the trainingthe rotationverification of cases of incompatibility and non-transferability or cases of pantouflage, protection of the anonymity of whistleblowers, reporting of offenses or the application of sanctions “.

According to the Commission “a effective
prevention system corruption and complete transparency take on importance essentialnot only for the commissioner management phase, but above all for the future life of the body when, once the mandate of the Extraordinary Commission is over, the normal functioning of local self-government will return “. It would be desirable, according to the parliamentary body,” ‘identification of a third party to providein the municipalities dissolved for mafia, monitoring compliance with the legislation on transparency and the prevention of corruptionalso performing a function of support and impulse towards the extraordinary commissions “. One could reflect, concludes the Commission,” on possibility of entrusting these tasks to an internal structure of the ANAC “.

THE DATA – The Report also contains some data on the phenomenon of dissolution due to the mafia. From 1991 to 31 December 2020, 324 municipal administrations were dissolved for mafia. “The dissolution measures were particularly numerous from 1991 to 1993, in the year 2012 and in the period 2017-2018 limited number of dissolution registered in the year 2020 – just eleven, therefore eight less than the previous year – could be related to a reduced control activity caused by the health emergency for the pandemicwhich would have diverted attention to other objectives – observes the Commission – This possibility it’s not at all reassuringgenerating the fear that the corruptive activity may have continued to flourish undisturbed in certain situations at greater risk of mafia infiltration “.

The Commission, reporting the data reported at the hearing by the Head of the Department for Internal and Territorial Affairs, underlines that the bodies dissolved for mafia between August 1991 and November 30 2021 were 364, in particular 357 municipalities and 7 health companies. The “dissolution – observes the Commission – concerned entities in eleven Italian regions, demonstrating how the phenomenon is no longer limited to the regions of southern Italy‘historically’ affected by the presence of organized crime of the mafia type, having also involved, albeit to a lesser extent, regions of northern Italy “.