Presented to the House on Annual report of the National Anti-Corruption Authority (ANAC) in Parliament: a snapshot of the world of public procurement in Italy at a crucial time, that ofimplementation of the PNRR (with the consequent risk of infiltration by the crime) as a result of the difficult period explained by Anac 2020 report during the covid-19 emergency.
Many issues and cases: not just the fight against corruption and its remedies (information technology, preventive digital controls and data cross-referencing) but also the need for greater simplification and transparency in public administration; the demand for efficiency in public procurement in Italy by reducing and qualifying contracting stations.
Here is a summary of the most significant passages and proposed solutions to the crucial issues for the public procurement sector: In-depth documents and reports on the Report are available on the ANAC website.
Risk of corruption: digital controls and data crossover
With regard to corruption, the president of the ANAC, Giuseppe Busìa, stressed that the arrival of the 250 billion European funds and the start of competitions carries a greater risk of corruption and criminal infiltration in our country.
remarked the president the innovative use of information technologieswith the cross-referencing of data in the database, which contains more than 60 million contracts and all the information of the contracting companies: preventive digital control, monitoring, transparent administration.
Corruption: Criminal law is not enough
In a passage, the president confirmed it new weapons against corruption are needed: “We cannot think of fighting, preventing, eliminating or reducing corruption exclusively with criminal law. Criminal law is the last resort, according to some cases. We need to address all areas where criminal law does not reach. This is the main task of Anac ”.
Therefore, we need the inclusion in Italy of European competition law and focus on transparency because it is impossible not to have a law to prevent corruption.or a plurality of tools not only those of criminal law “but those who serve a create good administrationtransparency in the public administration, provisions on complaints, on conflicts of interest, which avoid the improper mixture between politics and administrations “.
Corruption in Italy: where are we?
According to data from the ANAC, our country has risen ten positions in the ranking of Transparency International: in 2021 Italy ranks 42nd out of a ranking of 180 countries, up 10th from 2020 (it was 52nd).
Simplification: less publishing costs and a Transparency Portal
On the front simplification of proceduresANAC proposes simoffset publication costs especially for smaller public bodies. In view of the creation of the Single Transparency Portal, which contains essential information on the activities of all Italian public administrations, open to the participation of all citizens.
“Too many obligations, too many often poorly drafted laws, too many bureaucratic complications slow down the country and make it very difficult for people, companies and public administrations to get on with their daily lives.”
PA efficiency: based on the qualification of the contracting stations and customers
Busia raises the need for greater efficiency of the Public Administration, because he says, we need one reform and in-depth qualification of contracting authorities and of central purchasing entities“Which is also one of the strategic objectives of the PNR,” he explains.
Why is public administration inefficient?
What are the causes of inefficiency? According to the ANAC, the causes include the lack of professionalism of buyers, and the excessive dispersion of buyers in a very high and dysfunctional number of shopping stations.
Inefficiency of the Public Administration: contrasted actions
The ANAC intends to continue to identify the criteria for the qualification of contracting authorities, exposing aspects of quality, efficiency, professionalism, that lead to a consolidation of the demand, and a consequent reduction of his number. How? Identifying who is able to shop for size and professional skills, and pushing others to join or turn to those who are able to do so.
“Today in Italy there are more than 39,000 contracting centers and purchasing centers, with more than 100,000 shopping centers, where each announces tenders and manages tenders, even without having the economic and computer skills and the operational scale for to obtain favorable prices and to carry out the competitions to the maximum for the public interest “.
Law of Assignments and Delegation of Contracting
The president also stops at the recent one enabling law to reform the Contract Code of which we have spoken in recent days:
“The law enabling the new Contracting Code must lead to a clarified regulatory framework, in which certain excesses dictated by the purposes of the emergency regulations are expected to be abandoned, giving a new impetus to competition and better management and spending. of public money. Even more so considering that the public procurement sector grew in 2021 with an increase in public spending – recorded in 2022 – equal to 199.4 billion euros. “
Orders: Busia, you need to return to the open tender
The president also reports the effects of the “Simplification” decrees., in terms of competitions; in 2021 there has been a significant increase in direct transfers: open procedures launched in 2021 accounted for around 18.5% of total procedures while in 37.1% and 37.6% of cases (for a total of 74, 7%) the contracting bodies resorted respectively to negotiated procedures without publication of the notice and direct award.
“We must return to open bidding, to the free market, to the choice of the best through competition, and not with bidding decided at our discretion,” Busia urged.
To learn more about public procurement legislation
The public procurement code pocket
A.Cancrini V.Capuzza, G.Celata A.Simonetti
Book: Edition: February 2022 (6th ed.)
Legislative Decree April 18, 2016, n. 50 with the simplifying decrees (DL 76/2020 and DL 77/2021 related to the PNRR), and the most recent normative dispositions. Contains an update section of COVID-19. Complete with an accurate analytical index. ANAC guidelines and updates ONLINE DOWNLOAD
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