Source: https://www.transparency.it/informati/pubblicazioni/commento-linee-guida-anac-whistleblowing
Civil society comments on the few loopholes in the new guidance issued by Italy’s anti-corruption authority on internal whistleblowing channels in Italy.
Transparency International Italia has published a legal commentary highlighting some concerns with guidance issued by the Autorità Nazionale Anticorruzione (ANAC) on internal whistleblowing channels under Italy’s whistleblower protection framework. The analysis warns that aspects of the guidance risk confusing organisations and may be lead them to misapply some conditions required by national transposition law.
Key Highlights
- The guidance concerns internal reporting channels established under Legislative Decree No. 24/2023, Italy’s transposition of the EU Whistleblowing Directive.
- Transparency International Italia cautions that some interpretative elements may create burdens on the organisations that could compromise their ability to set up efficient internal reporting mechanisms
- The commentary stresses the need for Directive-aligned interpretation, ensuring whistleblower protection is not conditioned on overly narrow procedural thresholds.
Expert Commentary
Transparency International Italia stated that the guidelines try to provide clarity for organisations but still leave some uncertainty on specific requirements:
ANAC’s effort is certainly commendable and helps organisations clarify certain aspects of the legislation that were previously unclear. However, on some limited points, such as oral reporting or the substitute for the subject receiving reports, the approach is rather formalistic and departs from the practical spirit of the Directive, risking undermining accessibility for potential whistleblowers.
Italy transposed the EU Whistleblowing Directive through Legislative Decree No. 24 of 10 March 2023, replacing earlier fragmented provisions. The Decree designates ANAC as the competent authority for external reporting and empowers it to issue guidance on whistleblowing procedures. Civil society scrutiny of interpretative guidance plays a key role in ensuring alignment with the objectives of EU Whistleblowing Directive, particularly regarding broad access to protection and effective internal reporting mechanisms.
Relevant Links & Further Reading
- Transparency International Italia, Commentary on ANAC Whistleblowing Guidelines – read here
- ANAC website – visit here
- Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law