01 mar 2023
Anac - National Anti-Corruption Authority - EN brochure - 2023
ANAC is an independent administrative authority: its decisions are taken in accordance with the Anti-Corruption Law and the Code of Public Contracts without any possibility of government interference.
The Italian National Anti-corruption Authority (Autorità Nazionale Anticorruzione - ANAC) was established by Law No. 190 of 2012 (known as the “Anti-Corruption Law”) and is fully operational since 2014.
ANAC’s mandate includes regulatory and monitoring activities in the areas of anti-corruption, transparency, public employees’ integrity, whistleblowing and public procurement with the aim to prevent corruption in the public sector and avert the waste of public resources.
ANAC’s Board consists of five members (including the President) chosen from among highly qualified professionals appointed for a six-year non-renewable term.
The procedure for appointing ANAC’s Board members requires a broad institutional consensus in order to safeguard the principle of independence. They are appointed by decree of the President of the Republic, following a resolution of the Council of Ministers, and a binding opinion expressed by a qualified majority of the competent parliamentary committees.
The Authority enjoys financial autonomy as the resources for its operation do not come from the state budget. It is financed by an obligatory contribution paid by the contracting authorities and economic operators who participate in public tenders.
ANAC plays a key role in the implementation of corruption prevention policies through the adoption of the National Anti-Corruption Plan and the updating of the anti-corruption framework as a whole.
Its auditing and advisory activities significantly contribute to the dissemination of a culture of integrity in the public sector.
ANAC verifies the quality and effectiveness of the anti-corruption policies implemented by public bodies.
It also ensures the compliance with pre- and post-employment rules by public employees.
ANAC has regulatory, investigating and sanctioning powers in the area of whistleblowing. Pursuant to the Italian Legislation and the EU Directive on the protection of reporting persons, ANAC represents the external channel for submitting reports and investigating allegations of retaliation.
The protection of citizens’ rights starts with the accessibility to data and documents retained by public administrations. For this reason, ANAC oversees compliance with the legislation on transparency that requires public entities and State-controlled enterprises to publish certain types of information on their websites.
In order to fulfill this obligation, the Authority can issue guidelines and other criteria and may sanction the public entities in the event of failure to publish the mandatory information.
Public procurement is one of the areas most exposed to the risk of corruption.
The Authority, therefore, employs a great effort in supervising public contracts to guarantee legality, competition and avoid corruption and the waste of public resources.
Through its advisory activities, the Authority gives opinion on specific matters and helps the contracting authorities in designing complex calls for tenders (collaborative supervision).
With reference to the regulatory activity, ANAC adopts guidelines, standard tender documents and issues the necessary instructions in order to assist the contracting authorities in carrying out the tender procedures.
The Authority also resolves disputes between contracting authorities and economic operators on specific matters.
ANAC’s monitoring activity on public procurement is also based on its strategic asset, the National Public Procurement Database.
The database collects data from over 5 million public procurement procedures registered in 2020 and around 60 million contracts over the last 10 years for a total value of approximately 2,250 billion euros.
Thank to the National Public Contracts Database, all procurement activities are transparent and available to auditors and citizens in real time so that they can monitor spending in order to prevent cost inefficiencies and corruption.
ANAC President’s special power
The President of the Authority has the power to propose to local Government authorities the adoption of special measures for the management, support and control of enterprises involved in illicit behaviors, in order to safeguard the timing and efficient execution of contracts.
ANAC’s accountability and transparency
All ANAC’s work is carried out with transparency and accountability.
The Board meets on a weekly basis to discuss and make decisions on the cases brought to ANAC’s attention. Those decisions are regularly published on the Authority’s website.
Ample space is given to the consultation of stakeholders through the dissemination of documents, the collection of written observations and the holding of collective and individual hearings.
The Authority submits an annual report on its activity to the Parliament. In addition to the annual report, it also carries out consultative functions towards Parliament and the Government, to which it makes recommendations and proposals.
Internationally, ANAC is engaged through participation in various anti-corruption and transparency fora, such as UNODC, G20, G7, OECD, OSCE, Council of Europe (and GRECO), European Union, World Bank and the Open Government Partnership.
The Authority is one of the promoters of the NCPA Network, a network of national authorities for the prevention of corruption, set up - on the initiative of Italy, France and Croatia - on 18 October 2018 in Sibenik, during a plenary session of the GRECO.
ANAC is also co-founder of the “Network of European authority for integrity and whistleblowing” (NEIWA) which was established in May 2019 in The Hague. The members of NEIWA are ‘competent authorities’ as defined by the European Union Directive 2019/1937 on the protection of persons who report breaches of Union law.
The Authority is also one of the founding members of the European Network for Public Ethics (ENPE) whose aim is to promote a culture of public integrity and the harmonization of standards, guidelines and laws in the European Union. The main objective of ENPE is to bring together as many authorities working on these issues from EU Member States as possible and to become the main point of contact of European authorities regarding public integrity.
The National Public Contracts Database
It is a database for the collection, integration and harmonization of all data related to public contracts received by the contracting authorities.
It represents a wealth of information on each stage of the public procurement process.
National and International Relations
In an effort to strengthen and broaden a culture of integrity and transparency, Anac has adopted an outreach strategy aimed at the involvement of the major players in the area of anticorruption both at the national and international level.
At the national level, ANAC:
• Reports to the Government and Parliament serious phenomena of non-compliance on the adjudication and performance of public contracts, and on the effectiveness of the corruption prevention instruments;
• Advises the Government on possible amendments to the existing legislation;
• Submits annual reports to the Parliament on its activity in the area of corruption prevention and the effectiveness of the relevant legislation.
In order to properly exercise all these powers, the Authority is entrusted to receive information about corruption and misconduct in the public sector by public prosecutors, administrative judges, local government, authorities and the State counsellors.
ANAC has signed several memoranda of understanding with universities, the Italian Statistics Institute (Istat), the Ministry of the Interior, the Police (Guardia di Finanza and Carabinieri), the Court of Auditors, the Prosecutor Offices, the National School of Administration (Sna) and with other independent authorities in order to develop synergies and exchange of information. At the international level, ANAC has developed bilateral and multilateral relations. In this area, it is worth noticing the collaboration with the Organization for Economic Cooperation and Development (OECD) on the exchange of best practices and with the Group of States against Corruption (GRECO) on Italy’s compliance with the obligations stemming from international conventions.
The President of ANAC is Giuseppe Busia
The Members of the Board are:
Consuelo del Balzo, Luca Forteleoni, Paolo Giacomazzo and Laura Valli