Il ruolo dell’Autorità nazionale anticorruzione. Una prospettiva sistematica in disaccordo con la vulgata opinio

The role of the Italian National Anticorruption Authority. A systematic perspective in disagreement to the vulgata opinio

Abstract

The paper starts from the international model of authority for the prevention of corruption, also evaluating the established practice in other Contracting States of the UN Convention against Corruption. It aims to examine the adherence of ANAC to this model and its effectiveness in fighting corruption. The description of the Authority emerges in contradiction with what is widely supported by the dottrine and by institutional interlocutors of it. At the moment ANAC qualifies as an independent administrative authority capable of exercising the functions that the law 190/2012 (and subsequent provisions) assign to it. The institutional mandate turns out to be that of a public administration body that accompanies the other bodies of the same public administration towards the substantial fulfillment of rules that require behavior based on public integrity, using, among others, the powers of regulation, of supervision, advisory, sanctioning and advocacy, managing also both bilateral and multilateral international relations.