"It is wrong to abolish the abuse of office" - Corriere.it

It would be wrong to completely repeal the crime of abuse of office, because its repeal would create a regulatory vacuum. To declare it the president of the national anti-corruption authority, Giuseppe Busia. Today, the president was heard by the EU policy commission of the Chamber in the context of the examination of the proposal for a directive of the European Parliament and of the Council on the fight against corruption. During the hearing, Busia then highlighted how, on the other hand, clarification is very useful, necessary and appropriate, in order to make the case mandatory.

The repeal, he stressed, does not comply with the draft European directive, and goes in a different direction with respect to the conventions of the Council of Europe and the United Nations. Therefore, for the president, p
the that the abolition required the clarification of the crime. Otherwise - he specified again - a vacuum is created, and a misalignment from the rest of Europe, since the crime of abuse of office is already present in the legal system of the other member countries.

Finally, Busia recalled how the 2020 legislative intervention had already tried to circumscribe and better specify the scope of application of the abuse of office, but unfortunately part of the jurisprudence has once again widened the links of the crime. Normative clarity is always necessary in administrative law, but when one moves on to criminal law, the obligatory nature becomes constitutionally obligatory. therefore, essential — he concluded — now intervene to clarify, without repealing. Otherwise, cases such as favoritism.

The Political Diary newsletter

If you want to stay updated on political news, subscribe to the newsletter "Political Diary". It is dedicated to Corriere della Sera subscribers and arrives twice a week at 12. Just click here.