After the defeat in the referendum and the “earthquake” that involved the Ministry of Justice and the Meloni government, a new “slap” comes from Europe for the minister Carlo Nordio. The European Parliament has in fact approved the anti-corruption directive, which establishes the types of corruption cases that must be classified as crimes by EU countries. In the list there is an entire article dedicated to abuse of office defined as “illicit exercise of public functions”, the same crime repealed with the so-called “Nordio decree” in 2024.
The EU anti-corruption directive
The green light in Brussels came with 581 votes in favour, 21 against and 42 abstentions, but among the preferences those of the Melonian deputies had a specific weight, who voted in favor of the directive, effectively denying their own Keeper of the Seals. Now Italy will have two years to adapt and reintroduce the crime, before incurring an infringement procedure.
The crime to be reintroduced
The confirmation came directly from the Dutch MEP Raquel Garcìa Hermida-Van Der Walle, rapporteur of the European Parliament for the directive: “Italy, following the definitive approval of the anti-corruption directive, will have to mandatorily criminalize at least two of the most serious crimes that fall within the scope of abuse of office. Although the crime of abuse of office has been abolished in Italy, it will have to be de-abolished”.
“I can say with absolute certainty – added the Democraten-66 MEP – that this was probably one of the most important victories in this negotiation and for this Parliament. Because at a certain point we have to demonstrate, as a Parliament, that we care about the general interest, regardless of the political position of the different Member States, regardless of the political interests of the different Member States or governments. We are here in Parliament, with our mandate, and our mandate has been very clear regarding abuse of office. I am therefore extremely pleased that Italy, while remaining within the limits set by a directive, will have to address the issue.”
To those who pointed out to her that Fratelli d’Italia maintains that what is described in article 7 is in some way already covered by existing crimes in Italian legislation and that it is not the introduction of a new crime of abuse of office, the MEP replied: “It is not up to me to go into the merits of the definitions with the Italian government but, if they did not consider the issue so important, they would not have opposed it so forcefully. I imagine that this is the answer”.
“Italy fills the regulatory gap”
The vote on the EU directive was welcomed by the president of the Anti-Corruption Authority, Giuseppe Busia: “We know that, unfortunately, in recent years the Italian legislation to fight and prevent corruption has shown several setbacks: we hope that the rapid transposition of the directive will be an opportunity to immediately fill some of the gaps in protection that have opened up with the repeal of the crime of abuse of office, so as to strengthen citizens’ trust in public institutions and therefore improve the quality of our democracy”.
Abolition and the Nordio decree
In Italy, the crime of abuse of office, provided for in article 323 of the Penal Code, was officially repealed with the definitive approval of the Nordio bill on 10 July 2024. The crime punished the public official who, in carrying out his duties, violated the law to procure for himself or others an unfair financial advantage or cause unjust damage to others. The Government had supported its abolition by focusing on the “fear of signature” of local administrators, fearful of the danger of ending up under investigation, on the form defined as “too generic” of the law, and on the imbalance between investigations and convictions. The abolition of the official crime had already raised quite a bit of controversy in 2024, with several “reprimands” from Europe. A theme “brought up” several times over time by the opposition, even during the last referendum.
Conte: “Battle for Meloni and Nordio”
One of the first to comment on the news arriving from Brussels was the leader of the 5 Star Movement, Giuseppe Conte: “Another blow has arrived for Meloni and Nordio on justice. The Italian government will be forced to backtrack on the cancellation of abuse of office. The anti-corruption directive has just been approved by the European Parliament which requires member states to punish the conduct of public officials who commit abuse of office. In practice, Meloni and Nordio who had canceled this crime to favor politicians and white collar workers who abused their power in competitions and public tenders, will now have to reintroduce it.”
“The Italian government – we read in the post on social media – tried until the end to oppose the process of this directive, but found itself isolated in Europe. I am proud that the 5 Star Movement, unlike the government, fought this battle on the right side in Europe with our MEP Giuseppe Antoci, the only Italian rapporteur of the directive, who fought during the European negotiations against the obstructionism of Meloni and co. It is a victory for good people and for those who want fairness and justice. After the 15 million votes that canceled the caste-saving reform and sent Santanché, Delmastro and Bartolozzi home, another failure, another disgrace. Nordio should take note of it and draw the consequences, given that it is a reform that he wanted. And Meloni, instead of continuing to make laws to save politicians and powerful people, should strike a blow for the real emergencies of the country, for the difficulties of families and businesses!
The Democratic Party and the “slap” from Europe
The comments coming from the Democratic Party are also along the same lines. “Another tile hits the government and the Ministry of Justice – write in a note the head of justice and the group leader in the justice commission in the Chamber, Debora Serracchiani and Federico Gianassi -: the new European anti-corruption directive, despite the Minister’s reassurances, once again reintroduces abuse of office. The directive, in article 11, regulates the illicit exercise of public functions, obliging member states to foresee as a crime that of officials who intentionally violate the law in the exercise of their functions, precisely the abuse of power. We therefore ask Minister Nordio what he intends to do, given that with his regulatory initiative, the crime has been abolished, thus contravening the directive that was already under discussion. A circumstance that we have reported several times, also to avoid a potential infringement.
MEP Alessandro Zan also speaks of a slap: “After the victory of the ‘no’ vote in the referendum, today another resounding slap comes from Europe against the government of Giorgia Meloni. The abuse of office, canceled in 2024 with the Nordio reform, falls, in fact, through the main door of European law. Translated: Europe strengthens the fight against corruption and is forced to stop the ideological battles of the Italian government. It is yet another demonstration of the legislative and legal amateurism of this majority, which is losing credibility not only in Italy but also in Europe”.
