INDICE

DOTTRINA

Patrizia Marzaro – Partecipazione consapevole e giusto procedimento di pianificazione – 5
Fabrizio Fracchia, Pasquale Pantalone – Le funzioni amministrative in tema di caccia – 17
Clemente Pio Santacroce – Partecipazione e governo del territorio: l’esperienza toscana – 35
Giovanna Iacovone – Sostenibilità urbana: quali regole per l’equilibrio territoriale e la diffusione delle attività produttive. Uno sguardo a Matera Capitale europea della cultura – 51
Giovanna Pizzanelli – Il contributo dell’accesso alle informazioni ambientali alla tutela del patrimonio pubblico – 71
Pablo Cunha Malheiros, Ilton Norberto Robl Filho – Regularização fundiária urbana e aplicação imediata da lei n. 13.465/17 no Distrito Federal do Brasil – 105
Gaetano Armao – Piersanti Mattarella, le riforme amministrative ed il meridionalismo – 123
Rossana Caridà – Il processo di differenziazione regionale ex art. 116, terzo comma, della Costituzione: la natura delle funzioni e i vincoli costituzionali – 139
Vanessa Manzetti – Bilancio pubblico e equità intergenerazionale – 203
Giovanni Pesce – Sulla disponibilità della riserva aurea della Banca d’Italia – 223
Beatrice Rabai – C’era una volta il carattere libero ed indipendente del sapere accademico –163
Simone Franca – L’informativa trasparente nel trattamento dei dati personali da parte della pubblica amministrazione -185
Alberto Picón Arranz – Observaciones relativas a la teoría de la invalidez de los acros administrativos en España e Italia –249
Cristiano Bevilacqua – Il waste management tra normativa dell’Unione europea ed italiana. La (termo)valorizzazione nella gerarchia dei sistemi di gestione dei rifiuti – 271

Abstract
Conscious participation and due planning process
by Patrizia Marzaro

Zoning and urban planning are ideal frameworks for experimenting and applying the principles and techniques of democratic participation. In this respect, zoning and urban planning can serve as remedies for the broadening crisis of representative democracy and the democratic deficit of administrative decisions. Regional legislations on land-use planning confirm the importance of participatory democracy. The most advanced pieces of legislation in the field resonate with the constitutional imperative to foster participation and with the principle of administrative due process, as recently explored also by the Italian Constitutional Court.

The administrative functions relating to hunting
by Fabrizio Fracchia e Pasquale Pantalone

The article aims at analyzing the peculiar administrative functions relating to hunting, taking into account, on one hand, the complex distribution of these functions between State and regions and, on the other hand, their strict connection with the subject matter of the protection of both the environment and the ecosystem.

Participation and Land-use planning: the Tuscan Experience
by Clemente Pio Santacroce

The paper offers a reading of the current Tuscan legislation on participation (also civic) in the formationof the territorial and urban planning tools, after explaining the reasons that led to identify the legislative experience of the Tuscany Region as a specific and privileged subject of study and analysis. The work focuses on the particular genesis of the principle of participation in the Tuscan regional law no. 65/2014, to then come to deal with those procedural and organizational tools put in place by the Tuscan legislator in order to favor the affirmation of a general principle of participatory land-use planning.

Urban sustainability: guidelines to determine a territorial balance in order to foster productive activities. A glance at Matera European Capital of Culture.
by Giovanna Iacovone

The present study starts its considerations from the relationship between tourism economy and business. As it is well known that the productive sectors are able to trigger relevant synergies within the territory offers, the present work raises the question of the possible transformations, of urban territories, thanks to a sustainable logic that these connections are able to motivate. In this direction, through the examination of the existing regulatory system and its technical instruments, it is enhanced the key role of the dialogue between the centre and the peripheries that involves the economic and urbanistic spheres. It is also meant to catch the sectoralities and contradictions that do not always seem to go in the designated direction. In this perspective, the city of Matera is worthy of consideration, since as the European Capital of Culture during the year 2019 had coped with important needs for change that have been set in motion by the increase in tourist flows and commercial activities that has affected the city.

The contribution of public access to environmental information on safeguard of the public heritage.
by Giovanna Pizzanelli

This article analyzes the key role of public access to information in modern environmental governance. Guaranteed by the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, by Directive 2003/4/EC and by legislative-decree n. 195/2005, the right of Access to environmental information has a substantial impact on how individuals can act as environmental stewards and public bodies can protect the environment. In particular, information disclosure provisions can help to minimize the information asymmetry between the State and its citizens. In doing so, individuals are empowered in their role as environmental stewards, able to effectively participate in environmental decision-making procedures and to exert “bottom-up” pressure on the State and private entities in their role as consumers and investors. However, the historical evolution of the right to access environmental information today is confronted with the reform of italian legislation on transparency. Therefore, a reflection is needed on the interaction between the special forms of access coexisting in the italian legal system, with specific reference to environmental information, and the generalized civic access introduced by the legislative-decree n. 97/2016 (so-called Italian Freedom of Information Act). In conclusion the essay focuses on the fact that right to access information, as it belongs to the corpus of human rights, is a precondition for a good environmental administration.

Urban land regularization and immediate application of law 13.465/17 in the Federal District of Brazil.
by Pablo Cunha Malheiros, Ilton Norberto Robl Filho

Law no. 13.465 of 2017, approved by the Brazilian National Congress, regulates urban land regularization, concretizing the fundamental right to housing, the promotion of the good of all and the urban policy established in the Brazilian Federal Constitution of 1988. This article defends the immediate applicability of this law to subnational entities (States, Federal District and Municipalities), due to the model of cooperative federalism adopted by the Federal Constitution of 1988 and the proper interpretati on of its article 24, emphasizing the incidence of this law in the Federal District. The methodology employedfavors the use of specialized legal literature and the jurisprudence of the Supreme Court, which is the arbitrator for excellence of disputes and conflicts between federative entities.

Piersanti Mattarella, the administrative reforms and southernism
by Gaetano Armao

The article reconstructs, forty years after the killing, the figure of Piersanti Mattarella, leading the regional budget from 1971 until 1978 and then President of the Sicilian Region until the tragic epilogue of the political-administrative experience. In particular, the reforms introduced in the Sicilian regional system starting from the accounting ones, to those of the administration and regional planning are examined.

The regional differentiation process on the basis of art. 116, third paragraph, of the Constitution: the nature of the functions and the constitutional constraints
by Rossana Caridà

The article analyzes the consequences, on an administrative level, which could arise if the process of implementing differentiated regionalism was completed. In order to guarantee the principle of continuity of administrative action, at the service of the provision of social benefits, as well as the principle of solidarity and social cohesion, the differentiation process needs to be well structured especially at the administrative level and that the distribution of competences and functions between the central power and the “differentiated” regions is clarified. In fact, unjustified disparities in the territory should be avoided which could endanger the principle of economic and social unity.

Public budget and intergenerational equity
by Vanessa Manzetti

The theme of the relationship between public budget and intergenerational equity inevitably involves a multiplicity of economic, sociological and legal profiles, which find in the theme of duties towards future generations, rather than rights of future generations, an extremely interesting aspect. However, the complexity and interdisciplinary nature of the subject makes it necessary to circumscribe the boundaries of research, analyzing whether and how the principles and rules governing the so-called budget law are also an expression of the principle of intergenerational equity. In order to do this, in the present work, it was deemed necessary to proceed following three different investigation plans (one consequential to the other): that of verifying if it is possible to trace in the constitution a principle of intergenerational equity from an economic-financial point of view; that of verifying if and how the constitutional jurisprudence supports the emergence of such principle; that, finally, of verifying how the accounting normative instrumentation prepared by the legislator allows to make the principle of intergenerational equity effective, guaranteeing it.

The ownership of the Italian gold reserves
by Giovanni Pesce

Moving from an analysis of the recent bills which provide that the Italian gold reserves shall be deemed to be owned by the State, the Article discusses the legal issues concerning the ownership of the Italian gold reserves. After reviewing, also in historical terms, the main elements which lead to identify the Bank of Italy as the legal entity which holds the reserves and manages them in order to guarantee monetary stability, the Article starts with a reflection on the meaning of “public goods”, and suggests to frame legal issues concerning the ownership of the gold reserves within the concept of the public goods. The Article emphasizes the value of the autonomy of the Bank of Italy and its independence in relations with the Treasury, and argues in favour of a dialogue on an equal footing between the independent Bank and the political realm. The Author further argues that that the general interest underlying the management of the gold reserves cannot but be coincident with that of the State. This means that both the State and the Bank of Italy have the task to pursue the general interest of monetary stability, and, in order to comply with the current framework of the European Treaties, shall make available the gold reserve to the European Central Bank

Once upon a time the free and independent nature of academic knowledge
by Beatrice Rabai

This paper aims to outline the profound changes taking place in the Italian university system, in order to verify whether (also making use of the results of sociology and economic studies in terms of extrinsic and intrinsic motivation of the individual) the evaluation model of teaching and scientific research is functional to mantain particular professionalism of university teachers to which art. 33 of the Constitution entrusts the development and transmission of knowledge in a pluralistic society.

Transparent information in personal data processing by the public administration
by Simone Franca

The present article deals with a particular aspect linked to the compliance with the GDPR from the perspective of the public administration, i.e. the information to be provided in relation to any processing of personal data. The article is divided into three parts. The first part attempts to reconstruct the evolution that has led from fairness to transparency as a guiding principle in the processing of personal data. In the second part, the constituent elements of the concept of transparency are identified in the light of a broader reflection, taking into account the concept of transparency in administrative, banking and EU law. In the third part, the information obligations enshrined in the GDPR are examined in depth, taking into account both certain specific processing operations carried out by public administrations (such as the processing of personal data in the context of scientific research) and the profiles inherent to the justiciability of these obligations. The analysis shows how the new elements contained in the GDPR can lead to the design of compliance with information obligations as part of a collaborative relationship between citizens and public administration

Observations concerning the theory of invalidity of administrative acts in Spain and Italy
by Alberto Picón Arranz

The theory of the invalidity of administrative acts is one of the subjects that generates most debate among the specialized doctrine. Throughout this article we will try, analyzing the Spanish and Italian doctrine, to defend a theory of invalidity that starts from the absolute separation between validity and efficacy. We will analyze the term “non existence” by considering its real meaning at present and, we will end with an analysis of the two invalidating categories contemplated by the Spanish and Italian legislators: nullity and annulability.

Waste management between European and Italian legislation. The “(thermo)valorization” in the hierarchy of waste management systems
by Cristiano Bevilacqua

The article deals with the issue of waste management, which is going through a delicate phase in Italy, especially with regard to the location of incinerators, also due to the presence of a regulatory framework for waste management which is too complex and contradictory. Even the recent European jurisprudence pronounced on the “Sblocca Italia Decree”, which favors waste incineration / co-incineration systems, contributes to increasing uncertainties since on the one hand it supports an elastic conception of the principle of waste hierarchy, seen as a principle discretionally adaptable to the needs of Member states ; on the other hand, it reiterates the preventive nature of environmental assessments and the need for incineration planning to undergo a strategic environmental assessment in relation to the significant effects that may affect the environment. It is therefore necessary to proceed to a new rationalization of the national system by effectively recovering the general principles of European matrix set to protect the environment, compared to the sectoral ones introduced by state legislation, with a view to the circular economy recalled by the recent “European circular economy Package” asking Member States to take measures to avoid waste production by encouraging the creation of systems that promote waste reuse activities and discouraging the use of their incineration

L'articolo Nuove Autonomie 1-2020 proviene da Nuove Autonomie.

INDICE
DOTTRINA

Maria Immordino – Strumenti di contrasto alla corruzione nella pubblica amministrazione tra ordinamento italiano ed ordinamento brasiliano. Relazione introduttiva – 395
Emerson Gabardo – A nova lei anticorrupção brasileira: aspectos controvertidos e os mecanismos de responsabilização das pessoas jurídicas – 415
Fabrício Ricardo De Limas Tomio e Ilton Norberto Robl Filho – Controle do poder judiciário: estruturas teóricas da ccountability judicial e análise crítica da autuação do Conselho nacional de justiça – brasileiro de 2005 a 2013 – 427
Estefânia Maria De Queiroz Barboza – Corruzione e impunità in Brasile – 453
Eneida Desiree Salgado – Finanziamento ai partiti politici in Brasile: corruzione e democrazia – 469
Ana Claudia Santano – O desenvolvimento de políticas públicas e o direito fundamental de participação política. A regulaçãao da atividade de lobby no contexto democrático – 489
Luca R. Perfetti – Sulla distinzione tra procedimento e processo. Diritto brasiliano e tradizione giuridica italiana alla luce della riforma del procedimento amministrativo introdotta dalla legislazione anti-corruzione – 501
Nicola Gullo – La politica di contrasto alla corruzione in Italia ed i soggetti responsabili della prevenzione della corruzione – 521
Sandro Amorosino – Il Piano Nazionale Anticorruzione come atto di indirizzo e coordinamento amministrativo
Francesco Manganaro – Trasparenza e obblighi di pubblicazione – 553
Alfredo Contieri – Trasparenza e accesso – 563
Margherita Ramajoli – Inconferibilità e incompatibilità di incarichi nelle pubbliche amministrazioni – 577
Cristiano Celone – Le responsabilità e le sanzioni per la violazione degli obblighi di pubblicazione e delle situazioni di inconferibilità e incompatibilità degli incarichi nelle pubbliche amministrazioni – 591
Elena Quadri – I controlli antima ia e il giudice amministrativo – 617
Mariaconcetta D’Arienzo – Prevenzione e repressione della corruzione con particolare riferimento alla disciplina del conflitto di interesse ed ai connessi profili della responsabilità – 637
Jole Buggea – Le white list: strumento di prevenzione del fenomeno corruttivo e delle infiltrazioni del crimine organizzato nel settore degli appalti pubblici – 675
Marcella Tropia – La figura del responsabile della prevenzione della corruzione negli enti locali – 687

Abstracts

INSTRUMENTS AGAINST THE CORRUPTION IN THE PUBLIC ADMINISTRATION BETWEEN ITALIAN AND BRAZILIAN LAW. INTRODUCITON

by Maria Immordino

This paper examines the anti-corruption policies in the Italian and Brazilian law to underline the similarities and the differences. After having individualized the causes of the corruption according to the principal international searches, the article analyzes the remedies that have been experimented by the Italian and Brazilian legislator.

THE NEW BRAZILIAN ANTI-CORRUPTION LAW: CONTROVERSIAL ASPECTS AND PENALTY MECHANISMS OF PRIVATE ENTITIES

by Emerson Gabardo

The paper aims to study the new Brazilian anti-corruption law. The text makes a descriptive analysis of the liability of private entities that relate to the State. Among the issues addressed, are spotlighted: the scope of the law; typified conducts in the law; penalties provided for in Brazilian legislation; the problem of independence of instances; the fence to bis in idem; and, yet, the administrative process punitive. Finally, the text emphasizes the subsidiary character of the judicial process.

CONTROL OF JUDICIARY: TEORETICAL STRUCTURES OF JUDICIAL ACCOUNTABILITY AND CRITICAL ANALISYS OF BRAZILIAN NATIONAL JUDICIAL COUNCIL (CNJ) FROM 2005 TO 2013

by Fabrício Ricardo de Limas Tomio – Ilton Norberto Robl Filho

The debate on the Reform of the Judiciary (Constitutional Amendment 45^th) was made to implement better mechanisms of judicial accountability and the expedite judicial process. Brazilian Judiciary has a strong institutional and decisional judicial independence after the 1988 Federal Constitution. The performance of the National Judicial Council (CNJ), created by 45^th Amendment, mainly promotes a partial redesign of the power in the administrative, disciplinary and financial judicial powers. The article analyzes how the constitutional powers and institutionalization process of CNJ have determined major judicial accountability (institutional and behavioral) and judicial efficiency. The method used institutional variables (constitutional powers of the CNJ) and empirical data to expand the understanding of CNJ’s decision making and outcomes (administrative judgments and resolutions) which allowed the growth of accountability in the judiciary institutions. The judiciary has become more accountable after the creation of the CNJ, however, this did not result in greater procedural efficiency.

CORRUPTION AND IMPUNITY IN BRAZIL

by Estefânia Maria de Queiroz Barboza

This paper aims to analyze the problem of corruption in general in the Brazilian courts, going after, the specific issue of impunity in the judgments of corruption cases from these courts. Also, exposes the problem of impunity due to structural difficulties of Brazilian system for what concerns the punishment. The article treats, also, of the issue of electoral justice that, although plays an important and independent role, in the sense of the warranty the campaign finance undeclared. Finally, faced the issue of campaign financing by private persons, which creates an environment that favors corruption.

POLITICAL PARTIES FINANCING IN BRAZIL: CORRUPTION AND DEMOCRACY

by Eneida Desiree Salgado

Contradicting the dominant juridical thought, is believed that exist alternatives to the political parties models. The parties are established by the modern Constitutions and it is absolutely necessary to reflect about their functioning and especially about their financing, which is very important in the democracy because it involves corruption questions. This paper intents to analyze the political regulation in Brazil, the public and private financing and offer suggestions to reform the financing system.

THE DEVELOPMENT OF PUBLIC POLICIES AND THE FUNDAMENTAL RIGHT TO POLITICAL PARTICIPATION – THE REGULATION OF LOBBYING ACTIVITY IN DEMOCRATIC CONTEXT

by Ana Claudia Santano

This paper aims to demystify the lobby activity, which is very marginalized by the society, but at the same time composes one undeniable reality in the power spheres. Therefore, through specialized doctrine review, it was intended to expose some concepts which are wrongly used as a synonymous, as interest groups, pressure groups and lobby. After, the lobbies’ actuation dynamics was described, differentiating themselves of corruption and influence peddling, in a trial to deconstruct this stigma which prevents any impartial analysis. With a constitutional basis of lobby in Brazilian case, it was asked why there is not any regulation, considering the fight against corruption context. In light of this, it should be highlighted the lack of interest of congressmen, lobbyists and including the society of proceeding with it, as a result of a social capital deficit currently visible in Brazil.

ON DISTINCTION BETWEEN THE PROCEDURE AND PROCESS. BRAZILIAN LAW AND ITALIAN LEGAL TRADITION IN

THE LIGHT OF THE ADMINISTRATIVE PROCEDURE REFORM INTRODUCED BY ANTI-CORRUPTION LAW

by Luca R. Perfetti

The article refers to the tendency to approach the administrative procedure for the purpose and function of the process, resulting from the introduction during proceedings of typical institutions of the court by the law n. 190 of 2012 (so-called “anti-corruption law”). Such phenomenon, entirely new on the European scene, but not on to the Brazilian, leads the author to investigate the origins of the distinction between administrative procedure and process, and to analyze the subsequent developments, along the trail dotted by Hans Kelsen and, as regards Italy, by Feliciano Benvenuti.

THE ANTI-CORRUPTION POLICY IN ITALY AND THE SUBJECTS RESPONSIBLE FOR PREVENTION

by Nicola Gullo

This paper analyzes the contents of the politics against the corruption in Italian law and it examines the principal phases of the formation of the administrative organization responsible for the prevention of the corruption. The most important role is that of the Anti-Corruption National Authority, the authority that approves the Anti Corruption National Plan and that controls the application of the legislation against corruption by the administrations

THE ANTI-CORRUPTION NATIONAL PLAN AS ACT OF ADMINISTRATIVE DIRECTIVE AND COORDINATION

by Sandro Amorosino

The Anti-Corruption National Plan (PNA), approved in 2013, in an important instrument for the implementation of the italian law against corruption, approved in 2012. This paper takes into exam its nature and role to conclude it is an act of administrative directive and coordination – defined “act of directive” – and highlights its deficiencies and limits of effectiveness.

TRASPARENCY AND DISCLOSURE REQUIREMENTS

by Francesco Manganaro

Trasparency – principle of the Administrative Procedure Act and in the Brunetta’s law on the organization – emerges as comprehensibility of administrative action in the anti-corruption legislation. The excessive disclosure requirements, established by the anti-corruption legislation, not always guarantee transparency. But it is a prerequisite for anyone to exercise the new right of “accesso civico”, when the administration is in default to the disclosure requirements.

TRASPARENCY AND CIVIC ACCESS

by Alfredo Contieri

The Legislative Decree No. 33/2014 introduced new requirements for publication on the web of documents, data and information access and a new form of civic access, distinct from the traditional access to administrative documents inspired to the principle of transparency. However the rules for publication in Italy are different from the American FOIA: it is not configurable an unconditional obligation to publication of all data and information held by public authorities, but only of documents contemplated by law.

INCOMPATIBILITY AND PROHIBITIONS FOR HOLDERS OF PUBLIC OFFICE

by Margherita Ramajoli

One of the most important innovations introduced by the overall and recent anti-corruption legislation (law no. 190 of 6 November 2012, and legislative decrees no. 39 of 8 April 2013) consists of the discipline of incompatibility and prohibitions for holders of public office. It constitutes a general tool for the prevention of conflicts between public interest and private interests, as well as a measure of subjective impartiality of public officials. The provisions concerning the incompatibility and prohibitions innovate deeply than in the past, as strike conducted previously admitted, and not concern all public employees, being taken into consideration only public managerial positions, internal and external, and other high-level office. The law marks a break with the past, even probably needs additions, clarifications and adjustments, as well as an inevitable break-in period.

ACCOUNTABILITY AND SANCTIONS FOR VIOLATION OF DISCLOSURE REQUIREMENTS AND INCOMPATIBILITY AND PROHIBITIONS FOR HOLDERS OF PUBLIC OFFICE

by Cristiano Celone

The adoption of the anti-corruption law, in November 2012, and two legislative decrees on transparency of information within public administration and incompatibility and prohibitions for holders of public office, in March and April 2013, represented a significant step forward in the fight against corruption in Italy. The law and the decrees require each public administration to put in place specific measures to prevent corruption. These include: the adoption of plans to prevent corruption and to ensure transparency and integrity within public administration; the online publication of many information on public administration and the correlative right of everyone to require their publication; strict observance of the rules on incompatibility and prohibitions for holders of public office. In order to ensure compliance with these provisions that aim to prevent corruption and to raise the level of transparency, efficiency and impartially within public administration, the legislature also implemented a supervisory and sanctioning system that acts as a deterrent relating to disclosure requirements and conflicts of interest for public officials. With regard to the sanctioning system, it will look at various types of liability and sanctions introduced by the laws in question.

THE ANTI-MAFIA CHECKS AND THE ADMINISTRATIVE JUDGE

by Elena Quadri

This article proposes to analyse the anti-mafia checks as introduced by anti-mafia legislation. These checks constitute an important tools for prevention of mafia infiltrations in the field of public procurement. In the first part, the author introduces different measures established by legislator, in particular the anti-mafia notice (“comunicazione antimafia”), anti-mafia alert (“informativa antimafia”), white list, integrity agreement (“patto o protocollo di integrità o di legalità”); the author shows, for each point, the main features and issues. Furthermore the author shows the emergency provisions for Expo 2015. Finally, the last part of the article focuses on the procedural viewpoint of anti-mafia checks.

PREVENTION AND REPRESSION OF CORRUPTION, WITH PARTICULAR REFERENCE TO THE RULES OF THE CONFLICT

OF INTEREST AND THE RELATED PROFILES OF RESPONSABILITY

by Mariaconcetta D’Arienzo

The article 6 bis of Law no. 241/90 emphasizes the prescriptive nature of the duties of absention and signaling conferred to the Official who is responsible of the proceedings and to the officials who are in the other situations prescribed in the Article 323 of the Criminal code. The provision emphasizes, more effectively than it has done in the past, the role and responsibilities of the recipients of those obligations, both in the investigative phase than in the decisional phase and it is characterized by the provision of a broad concept of conflict of interest that is also tackled only in its potential dimension. These considerations lead us to see in the analysed provision the conditions for annulment, even through administrative proceeding, of acts adopted in violation of those obligations, cause of responsibility for public damage, damages to the image and the prestige of the Public Authority (even just a potential level), for the outcry generated by the episode within the offices and on the relations between the Public Authority and citizens.

WHITE LISTS: AN INSTRUMENT TO FIGHT MAFIA INFILTRATION AND TO PREVENT CORRUPTION IN PUBLIC PROCUREMENTS

by Jole Buggea

Fundamental principles of public procurements such as competition, transparency as well as fair trading are affected by the phenomenon of corruption. This work focuses on white lists, that is an important instrument to fight mafia infiltration and to prevent corruption. Furthermore, it investigates the discretionary power of the Prefect and analyses the effects of simplification of the anti-Mafia law system.

THE OFFICIAL RESPONSIBLE FOR ANTICORRUPTION PLAN AT LOCAL LEVEL

by Marcella Tropia

Local level plays a strategic role in the fight against corruption due to the utmost importance of proximity to citizens and of local authorities’ responsibilities (public procurement, grants and financial contributions). Within this context, the Secretary of Municipality – who is the official responsible to ensure observance and implementation of anticorruption law in Municipalities and Provinces – is a key driver of this legal battle. The present article analyses the provisions related to this official responsible for anticorruption plan at local level through three different angles. Firstly the article lays out a review of the constitutional legitimacy of the rules regulating the division of powers between national and regional legislator (art.117 Cost.). Secondly, it sheds light on the reasons why the Secretary of Municipality. In other words, specific legal provisions do not apply to the Secretary of Municipality on one hand, and, on the other hand, applicable sanctions prevent form properly exercising his role and powers freely, hence placing him/her in a weak position.

L'articolo Nuove Autonomie 3-2014 proviene da Nuove Autonomie.