Pnrr: P. Chigi, EU commission spokesman fuels controversy

“The Government shares that Recovery needs a framework of controls that are fit and proportionate to its unique nature and so that spending programs are based on efficiency.” Government action is based on this principle.’ Palazzo Chigi affirms it in a note. “The spokesman of the EU Commission states that the “European Commission does not comment on draft laws”, but immediately afterwards – without any in-depth analysis of the merits – the same spokesman follows up with considerations that fuel instrumental political controversies that do not correspond to reality”, he continues the note. The rules proposed by the government and approved in the commission in the public administration decree do not change what has already been agreed between the European commission and the Italian government. Palazzo Chigi underlines this in a long explanatory note that responds to the findings of one of the spokespersons of the European Commission.

The reply in eight points

With reference to the declarations of a European Commission spokesperson on the rules concerning the Court of Auditors and controls on the Pnrr, the Italian Government has some observations on merit and method. This is what was written in the long note released by Palazzo Chigi in response to the Commission on the subject of the Pnrr and the control role of the Court of Auditors. The note responds to Brussels in 8 points.

*1. On the need for controls* The Government shares that “Recovery needs a framework of controls that are appropriate and proportionate to its unique nature and so that spending programs are based on efficiency.” Government action is based on this principle.

*2. On the uninformed prejudice* The spokesperson states that the “European Commission does not comment on draft laws”, but immediately afterwards – without any in-depth analysis of the merits – the Commission spokesman himself follows up with considerations that fuel instrumental political polemics that do not correspond to reality.

*3. On non-existent changes* The rules proposed by the Government – approved yesterday by the Parliamentary Commission in the Public Administration Decree – do not change what has already been agreed between the European Commission and the Italian Government, the rules under discussion do not intervene on the provisions of Legislative Decree 77 of May 2021.

*4. On the regulation of the Court’s controls* The first decree on the implementation of the National Recovery and Resilience Plan, among other aspects, regulates the controls on the funds of the Pnrr by the Court of Auditors. This decree, which represented a specific milestone of the Pnrr, was positively reported by the Commission. This rule is not only not changed in any way, but it is precisely its correct implementation that the government wants to achieve. In fact, in article 7, paragraph 7, the decree provides: “The Court of Auditors exercises control over the management referred to in article 3, paragraph 4, of the law of 14 January 1994 n. 20, carrying out in particular assessments of economy, efficiency and effectiveness regarding the acquisition and use of financial resources from the funds referred to in the Pnrr. This control meets the criteria of cooperation and coordination with the European Court of Auditors, in accordance with the provisions of article 287, paragraph 3 of the Treaty on the functioning of the European Union”. The law in question (Draghi government), therefore, entrusts the Court of Auditors with control over Pnrr funds in the manner of subsequent control over management and not of concomitant control, with criteria of cooperation and coordination with the European Court of Auditors. This regulation of the Court of Auditors’ controls on Pnrr funds not only remains in force, but is fully implemented.

*5. On the tax shield and the Commission* As regards the extension of the tax shield for public officials and executives, the rule has already been in force for some time and there have never been any comments from the Commission. The government amendment approved yesterday extends its effectiveness for a further 12 months. This discipline remained in force for three years with two different governments, without causing any relief, we are sure that the Commission’s line will not change in the face of the extension for another year decided by a government with a different political affiliation.

*6. On the chronology of parliamentary acts* The limitation of administrative liability before the Court of Auditors was provided for by art. 21, paragraph 2, of Legislative Decree 16 July 2020 n. 76 (Count II Government). This limitation, which initially had a limited application to 31 July 2021, was first extended by the conversion law (again by the Conte II Government) of the same decree – law no. 76 of 2020 (with the deferment of said deadline to 31 December 2021) and subsequently by article 51, paragraph 1, lett. h), of the decree – law 31 May 2021, n. 77, converted, with amendments, by law 29 July 2021, n. 108 (Draghi Government), which further deferred said deadline to 30 June 2023.

*7. On relations between the Government and the Court of Auditors* A long, cordial and fruitful meeting was held yesterday at Palazzo Chigi between the Government and the Court of Auditors. In the meeting it was unanimously decided to open a working table to review and better define some institutions relating to controls on the Pnrr.

*8. On the Constitution, law and politics* Useful ideas on the matter can be drawn from the reading of the interviews of illustrious constitutionalists such as Sabino Cassese, Cesare Mirabelli and Giancarlo Coraggio, who in the last 24 hours have illustrated how Parliament’s intervention is respectful of the Constitution , of the prerogatives of the Court of Auditors, based on loyal collaboration between the institutions.