Abuse of office, Nordio to Reynders “Reform in line with Eu objectives”
TOKYO (JAPAN) (ITALPRESS/MNA) – During the G7 meeting in Tokyo, a cordial meeting was held between Minister Nordio and EU Justice Commissioner Didier Reynders. Minister Nordio reiterated that “the Italian penal code provides a whole section to crimes against the Public Administration and in this context, the abuse of office represents a superfluous case, with the function of closing the system, applicable only where a different and more cannot be configured serious crime”.
Minister Nordio recalled that “the list of crimes referred to – equivalent to 18 cases – outlines a system capable to inflict effectively any bad conduct of the well-protected. Therefore, even after the revocation of Article 323 of the penal code, the conduct falls within the scope of the current abuse of office and is far from being devoid of any form of state intervention, thus it will be more correctly taken in the context of the judicial review on the administrative action by the administrative judge.
“It is a question, in other words, of proposing in the correct terms the relationship between administrative irregularity/illegality of the act and illicitness of the conduct, according to a full dimension compatible with the proposed EU Directive referred to above (Articles 10 and 11)”, explains the ministry. Nordio found “the keen attention of the Commissioner Reynders” to whom he also provided a series of statistics relating to the outcome of proceedings for abuse of office: “in particular, in the last year (2021), out of a total of 5,292 definite proceedings, only 9 convictions were registered, thereby underlining the reduced effectiveness of the results achieved and their absolute disproportion with respect to necessary resources (human and economic) to carry out these proceedings, as a rule, it is particularly complex, and moreover in a constitutional system characterized by the mandatory exercise of the prosecution”, underlines the ministry.
“The legislative initiative that the Government is preparing to publish, therefore, would also have the effect of reducing the workload on proxies, with a clear, overall improvement on the duration of criminal proceedings, which is one of the priority objectives that the European Commission itself expects from Italy”, concludes the ministry.
– photo press office Minister of Justice –