Mission and competences
The mission of ANAC
The Italian Anticorruption Authority (ANAC) was created with the aim of implementing article 6 of the United Nations Convention against Corruption (UNCAC). ANAC is an independent authority. ANAC’s board is comprised of five members appointed with a non-renewable mandate of six years. The proposed nominations are approved by the Council of Ministers and the candidates are appointed by the President of the Republic.
Law 190 of 2012 gave ANAC the responsibility :
• To draw up a preventive strategy against corruption;
• To supervise the anticorruption strategy of each public entity (through the adoption of Three Year Plans for integrity and transparency),
• To guarantee transparency in public administrations
• To guarantee the integrity of civil servants, and to disseminate a culture of integrity and legality.
The Authority pursues its goals through regulatory and supervisory activities, has an advisory function and some inspection and sanctioning powers. Read more
Our roles
Transparency
The protection of citizens’ rights starts from Public Administrations data and documents accessibility: we monitor compliance with legislation on transparency.
Anti-corruption
We prevent corruption trough organizational measures due to which it’s more difficult its occurrence.
We perform supervision in the context of public administration. We perform advisory functions to Public administration and regulatory activities in the field of anti-corruption and transparency.
Public Procurement
We perform supervision in the field of public procurement.
We carry on advisory functions issuing opinions on the legislation and managing pre-litigation mechanisms,
in order to resolve disputes which have arisen during the progress of tender procedures.
In order to assist the public administrations, we make available to contracting entities models of call for tender, models of specifications and many other tools of flexible regulation.
What we do
- Draft of the National Anti-corruption Plan (PNA).
- Advisory and regulatory functions in the field of anti-corruption and transparency
- Supervision on the adoption of the Three-year Plan for the Prevention of Corruption and Transparency (PTPC) and of the Codes of Conduct by the public administrations.
- Exercise of power of order and of power of sanction in case of no adoption/publication of the PTPC and of the Codes of Conduct
- Monitoring on the introduction of the measures to prevent the corruption by public administrations in state owned enterprises and in subsidiaries with regard to activities of public interest
- Supervision of conflict of interest and public impartiality
- Advisory functions in the field of authorizations to carry out external tasks by state and national public authorities’ administrative managers
- Supervision on whistleblowing reports, and issuing of related sanctions
- Supervision on the respect of mandatory publication of data and documents
- Definition of standards and models in order to organize, encode and represent documents, information and data that are subjected to mandatory publication
- Supervision on the provision in the PTPCT of a specific section on transparency; exercise of the power of orders and sanctions in case of non-adoption/non-publication
- Definition of Guidelines on exclusions and limitations to the right of access (so called FOIA), in agreement with the Data Protection Supervisor.
- Supervision on public contracts and on qualification system for economic operators.
- Collaborative supervision subject to the stipulation of memoranda of understanding with contracting authorities.
- Advisory functions trough opinions on legislation and opinions of pre-litigation, with binding nature, too.
- Regulatory functions trough the adoption of guidelines, models of calls of tender, models of specifications, models of contracts and other tools of flexible regulation.
- Standard costs for public works and reference prices of supplies and services
- Power to take legal action against wrong calls of tender, general acts and provisions concerned public contracts with a high economic impact.
- Inspection functions through the request for information or the presentation of documents and data.
- Sanctioning powers towards people who reject or omit to give requested information towards economic operators in case of presentation of false statement or documents during tender.
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“extraordinary management” of public procurement: proposal to the competent Prefect for the adoption of extraordinary measures for the management, support and monitoring of companies in the event that the Judicial Authority proceeds for crimes against the Public Administration.
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High supervision on public procurement related to initiatives of particular relevance.
What we don’t do
- Criminal or financial responsibilities (competence of the judicial Authority or of the Court of Audit)
- Offences committed by judges (competence of the District Attorney’s Office according to the article 11 of criminal procedure code)
- Recruitment procedures (competence of the administrative justice)
- Irregularities in appointments in case it’s not referred to incompatibility or ineligibility of the assignments
- Trade union claims
- Health sector malpractice
- Absenteeism from work
- Failures in the management of banks or financial institutions
- Construction abuses
- Fees/tariffs increases
- FOIA requests to administrations