Abstrakt

Introduction memos for administrative action and corruption phenomena In the Italian legal order, the corruption phenomenon began to be faced as a problem in the last years1 and a series of measures have been taken to prevent and punish, more efficiently than in the past, the illegal use of the power associated with the activity of a public function2. In fact, the legislator has focussed on the prevention not only as a theoretical notion but as a “daily activity”3.  In this direction, the references are, first of all, the principle of proper conduct4 and impartiality5 of administration, referring to the article 97, paragraph 1 of the Italian Constitution, 14that specifies in the criteria of economy, efficiency and efficacy mentioned in the introduction of Law 241/1990 on Administrative Procedure. This norms provide that the admnistration shall act in accordance with the criteria of economy (obtaining the essential resources with the minimum amount of waste); effectiveness (reaching the prearranged aims); efficiency (using the minimum quantity of possible resources to reach the aims). In this context, the simplification of the public administration becomes, at the same time, a leading aim for its reorganization and an essential factor to fight the corruption. Therefore, a preliminary condition of efficacy/efficiency of the prevention system is characterized by the simplification of the norms of prevention and its simple accessibility and knowledge6. The recent developments for the prevention and the repression of the corruption according to the law 190/2012 The corruption in the public administration, related to the italian economic crisis7 and the incompetence of the public authority to help citizens and economic operators8, has been representing a strong social plague for more than ten years9. In the last years, it became an important topic for the international debate with clear consequences in our system that have lead to the adoption of the Law 190/201210.15 The expected aims for these previsions refer to the themes of prevention and repression of corruption phenomena and in general, the promotion of a culture of legality.  The law of 2012 introduces a large concept of corruption, that in addition to the criminal one, refers to the administrative dimension that materializes in measures of conducts that even if they do not have criminal value, result unpleasant to the legal system. In particular, they are the situations of confict of interest, clientelism, wastefulness in the management of public resources and so on, that have to be prevented not with repressive tools but with organizational and procedural mechanisms. They also have an effect on the trasparency and reinforce the public ethics even through the implementation of training courses and updating...