Government Ethics: the Strange Italian “Conflict of Interests”

Bernardo G. Mattarella, University of Siena

Abstract

This paper is divided into three parts. Each part is devoted to four issues, which are always the same: the definition of conflict of interests; the scope of the relative regulation; the remedies for such situations; and the control and punishment mechanisms. In the first part of the paper, these issues are addressed in general terms. In the second part, they are considered in a comparative perspective. The third part focuses on the Italian legislation and particularly on the cabinet members. The relative statute contains a very unusual definition of conflict of interests. It uses only one of the possible remedies, the disqualification, but under its provisions establishing the grounds for disqualification and proving a violation is practically impossible. The main provision of the statute, in fact, is a fake one.