Conflict of interests, the anti-Renzi rule in the M5S proposal
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The 5 Star Movement re-proposes in Parliament its draft law on conflict of interest filed in the last legislature but in the new text – which bears the form of the leader of the Movement Joseph Conte – a law immediately renamed “anti Renzi” is added. This is the prohibition of receipt of disbursements from foreign countries for those who hold positions of
state and regional government but also for parliamentarians. The leader of Italia viva, in 2022, had declared that he had collected 1.1 million euros for “services provided as a consultant to Saudi Arabia” and has repeatedly claimed the legitimacy of his extra-parliamentary activity as a lecturer abroad. «Can conferences and consultancies be held abroad, in Saudi Arabia as in the Emirates, as in China or as in America? Yes. Should we distinguish between democratic and non-democratic ones? Not for me» said Renzi in 2022 speaking of the controversies that had invested him the previous year for having used the expression “Arab Renaissance” at the Future Investment Initiative in the presence of Saudi prince Moammad bin Salmān. In his latest tax return, the former prime minister has a taxable income of 2.56 million euros.
The current rule
Renzi’s behavior can be considered inappropriate (as his political opponents have been pointing out for some time, starting with the Five Stars who in the past have spoken of “Renzi’s business raids”, but his ally, the leader of Carlo Calenda Action). However, it is legitimate because in the Italian legal system the ban on receiving disbursements from foreign states is foreseen only for political parties and movements. In particular for those who have presented their own candidates in the political, European or regional elections or who are registered in the register of political parties, to which a parliamentary group refers.
The ban with the pentastellata proposal
With the proposal of the 5 Star Movement, the Prime Minister, ministers, undersecretaries and parliamentarians would be banned from accepting, during their term of office and in the year following its termination, contributions, services or other utilities with a total value exceeding 5 thousand euros per year by governments or public bodies of foreign countries or legal entities based in a foreign country not subject to tax obligations in Italy.
The controls
The Anac is called to supervise this aspect. The anti-corruption authority all holders of public offices must submit their income tax return (obligation to which the spouse, relatives or in-laws within the second degree of the holder of the government office and people permanently with him are also required) cohabitants not for the purpose of domestic work). Not only that: a self-declaration must also be sent to the Anac listing the contributions, services and other utilities, coming from the states, bodies and legal persons of foreign states received in the previous year, the value of
each of them and the cause of the disbursement. But the Anac does not limit itself to receiving the documentation because it can carry out its own checks «making use of the powers provided for in
favor of the competent offices for the assessment of income taxes» reads the text of the bill. In the documentation dossier of the Chamber, however, it is noted that the law does not specify what powers are also attributed to the Anac among those recognized by law to the financial administration.
The sanctions
In the event of ascertained violations, ineligibility and incompatibility are triggered for five years with respect to the positions (from that of premier to local administrator).
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