"The mafia conditions the PA, there is a lack of control and prevention". The words of the prosecutor Melillo

"The mafia conditions the PA, there is a lack of control and prevention".  The words of the prosecutor Melillo

«As a national anti-mafia prosecutor, I believe it is necessary to draw the attention of the public debate to the state of profound widespread criminal conditioning of the public administration's actors. It would be enough to look at the state of the administrations dissolved in 30 years for ascertained conditioning by mafia crime to touch on the concreteness of the problems of the absence of any filter, control, prevention". It is the complaint of John Melillo before the Justice Commission of the Chamber which heard him on the reform of abuse of office.

Removing the sanctions for abuses in the PA is vulnus to EU obligations

"The loss of the possibility of sanctioning abusive conduct would represent a vulnerability to the international obligations Italy undertook on the subject of corruption with the Strasbourg convention," Melillo also warned. And given that the clans tend to come into ever greater contact with the PA, Italy is exposing itself "to the risk of appearing to be a source of weakening of the indictment system", just as the country with the Pnrr "is preparing to use huge resources ” which are also the result of “taxes paid by citizens of other European states”.

The «fear of the signature» and the checks

"I believe that the correct objective of reducing the fear of signing a signature cannot be exhausted in aggravating the fragmentation and inconsistency of the criminal justice system," observed the prosecutor with regard to the reform the government is working on. «The fears of undue invasion of the sphere of discretion that must be reserved to the administrative authority is a theme that would have more credibility if it were accompanied by the demand for the introduction in the system of internal controls to the public administration, capable of keeping away the risk of judicial intervention. Instead, this is one of the issues that remains out of the political debate - the magistrate again highlighted -. It must be recognized that controls in the public administration do not exist and those provided for by law are reduced to mere cosmetics".

Abuse of office: 85% of complaints filed

«The risks of expanding judicial discretion with respect to administrative activity after the 2020 reform are confined to absolutely marginal areas. And this concerns not only the abuse of office but also the traffic of influences, the terms of which have been brought back into the firm hands of the constitutional principles of mandatory provisions». The national anti-mafia prosecutor Giovanni Melillo said it, figures in hand, adding that the successive pronouncements of the Cassation have "dispelled any risk of incautious application" of the rules that punish these crimes. "85% of the complaints are archived" by the prosecutors. And even the judges don't have big sleeves at all. “There are only 18 convictions in 2021. Even the complaints decreased significantly between 2020 and 2021” added the prosecutor, noting that the administrators who complain about “the fear of signing” are the ones who govern. "Those who instead pass to the opposition are often the promoters of the complaints who ask for the intervention of the judge".



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