The president of the National Anti-Corruption Authority, Giuseppe Brusia, was heard by the Transport Committee of the Chamber of Deputies on the bill to reorganize the Italian port system.
For the president of Anac, Giuseppe Busia, “it is fine to create a unified coordination for many activities currently entrusted to various Port Authorities, but this must not come at the expense of competition, transparency, efficiency and merit.” The head of the National Anti-Corruption Authority articulated his assessment during his hearing before the Transport Committee of the Chamber of Deputies on the bill to reorganize the Italian port system.
“In the bill that reorganizes port governance – Brusia stated in his speech – several derogations have been introduced regarding contracts and personnel recruitment, which should be scaled back. Furthermore, by providing that the newly established Porti d’Italia operate not only with public functions, but also as a market player, offering design services, infrastructure works and consultancy, there is a risk of distorting competition, if not even violating the European limit of 80% established for in-house companies.”
According to Brusia, the coexistence of public and private activities in the newly established port company risks distorting the market. A corporate separation, not just an accounting one, would be desirable; or, at least, the inclusion of limits that avoid exceeding 20% of market-oriented activities, as required by European jurisprudence. Otherwise – the Anac president explained – the concession granted by the same decree would not be legitimate and a tender procedure would have to be used.”
The head of Anac believes there are too many derogating powers for personnel recruitment: the new Porti d’Italia, although formally having a corporate nature, performs the functions of a public entity. “Even if one wants to avoid the rules of public competitions – Brusia said – it is necessary to expressly provide that open and transparent procedures must be used: this favors the recruitment of the highest professional skills, rewarding merit and ensuring that the company can best pursue its objectives.”
Also with reference to contractual activity, Brusia noted that there is a derogation from the procedures typical of public contracting, which are currently used by the Port Authorities. Since these are not urgent interventions but rather significant investments, it would be reasonable to resort to public tender procedures, which guarantee a better selection of the private companies involved and, reasonably, also cost savings. “In any case – Busia suggested – it would be necessary not to exempt the new company’s award procedures from the rules on the digitalization of public contracts, which serve to guarantee speed and simplification both for the company itself and for businesses, while at the same time ensuring greater transparency, controllability and fair competition.”
