The first “yes” came yesterday to one of the government’s most debated initiatives regarding justice. The Senate Judiciary Committee approved the bill, called Nordio, which includes the repeal of the crime of abuse of power.
With the support of Italia Viva, the majority approved the text and rejected all the opposition’s amendments. Considering the absence of a law defining lobbying activity in Italy, a proposal from the League was also adopted, calling for the redefinition of the crime of human trafficking through unlawful influence. An issue that was brought up for discussion again during the investigation into, among other things, Anas contracts.
But back to the issue of malfeasance. Many mayors and local officials are pressing for the repeal of the practice, denouncing its mostly instrumental use. According to the majority, the crime needs to be eliminated because it would constitute a very “fuzzy” case, which would result in a large number of judicial proceedings, but only a very small fraction of them would result in conviction.
Guilt is never legally proven, but at the same time, being accused of this crime creates strong media coverage, especially if it involves politicians. These are basically the motivations of the majority and especially of the Minister of Justice, Carlo Nordio, who has made the issue one of his strongest points. “Only nine out of 5,000 cases end in conviction,” he said in an interview with Corriere della Sera a few months ago.
In its simplest form, the crime of abuse of office is intended to punish people who benefit or unfairly harm themselves or others by taking advantage of their public office.
“Public official or person responsible for a public service […] “Any person who deliberately gains unfair financial advantage for himself or others or causes unfair harm to others is punished with imprisonment from one to four years.” It is stated in Article 323 of the Criminal Code.
The difference with corruption is fundamentally in the absence of a “counterpart”. In fact, the crime of corruption applies to a public official who, while exercising his duties or powers, unfairly obtains money or other benefits on behalf of himself or a third party, or accepts the promise of such.
One less protection for citizens, one less protection for the government
The complete elimination of the crime of abuse of office would mean eliminating an important part of the system of protection that the law provides for citizens to defend themselves against possible abuses of public power. The motivations of those who defend the crime of abuse of office concentrate on this important point.
“As a judge and a man who administers justice, I ask myself what to say to an honest candidate for public office who finds himself surpassed by another whose qualifications have been illegitimately evaluated by an indifferent official to favor his opponents. What about the mayor of his own town, whose party partner What do I say to this citizen who was denied a license because he wanted to compliment his party partner by transferring his rights to his party partner? This is a reflection of Luigi Patronaggio, the former chief prosecutor of Agrigento and the current prosecutor of Cagliari.
President Giuseppe Santalucia said there had recently been criticism from the National Association of Judges: “harassment of public power” had been given the green light.
Could Europe reintroduce this?
There is also the problem of conflict with international and European legislation. According to many critics, repealing that crime would violate the UN Merida Convention, which requires States to take legal measures to punish, commit or refrain from carrying out a public official who abuses his office or position. Violating the law to gain an unfair advantage for oneself or another person or entity”.
In terms of European Union law, an anti-corruption directive is currently being discussed for all member states, which clearly provides for the crime of abuse of power. This means that if the European directive is published, and in the meantime the Italian Parliament has given the green light for the annulment of the crime, Italy may face a European demand to reintroduce this directive and possible infringement procedures if this directive is not fulfilled. turndown.
It is no coincidence that in recent months President Mattarella asked the majority to review the text. The same Northern League member Giulia Bongiorno – rapporteur of the Justice Commission – would prefer the crime to be reformulated rather than abolished outright. To overcome possible critical problems, Bongiorno announced that the repeal of malfeasance would be only one point in the context of a “wider reform” in which “all crimes against public administration” would be reconsidered.
Source: Today IT
Emma Fitzgerald is an accomplished political journalist and author at The Nation View. With a background in political science and international relations, she has a deep understanding of the political landscape and the forces that shape it.
