Reforms

The Court of Auditors needs a more organic control reform

The bill is drawing protests from the Association of Accounting Magistrates and criticism from President Guido Carlino

CORTE DEI CONTI PROCURA GENERALE TARGA TARGHE

3' min read

3' min read

In these days the Chamber of Deputies is discussing a bill to reform the Court of Auditors (AC 1621) that risks distorting the functions of this important institution, which is part of the complex democratic system of balancing the powers of the State, whose ultimate purpose is to act as an impartial guarantor of the economic and financial balance of the public sector (as the Constitutional Court has long taught and the President of the Republic has also reminded us, most recently). Which also means checking that public expenditure, incurred through taxation, is going well and can ensure that citizens receive the essential services to which they are entitled.

The draft law is drawing protests from the Association of Accounting Magistrates and has been the subject of several critical remarks by the highest collegial body of the Court (the Sezioni Riunite) and, at the parliamentary hearing, by the Institute's top leader, President Guido Carlino.

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While agreeing with these observations - starting with those that seriously jeopardise the autonomy of the public accounting prosecutor - I would like to focus on the impact of the reform on a recently introduced (or revitalised) form of control, the so-called concurrent control.

The experience of the College, set up specifically for this purpose in 2022, shows how its recommendations, aimed at stimulating the self-correcting actions of (central) administrations, have in many cases led to an acceleration of the public plans, programmes or projects under review. To give just a few examples, central administrations were urged to make use of more effective monitoring of interventions (in the area of 'ultra broadband in white areas', 'Single Strategic Zones Plan', 'Development and Cohesion Plan - Culture') or greater coordination (in the area of 'Fund for the fight against land consumption', 'National Energy Efficiency Fund').

This modern and effective model of in itinere control of the performance of public administrations, which therefore looks at the (progressive) results to be achieved and is also based on the use of special indicators, has aroused, among other things, considerable interest in national doctrine and also at a European and international level (in whose practice it corresponds to real time audit), in particular, at the Eurosai (the European body that brings together the Supreme Audit Institutions).

Well, the reform currently being discussed in Parliament provides, as a delegation criterion, for the activation of the concurrent control at the request of the Government, Parliament or (and this is the point) the public administrations, with the exclusion of the ordinary ex officio initiative by the Court, on the basis of an annual schedule. The idea of an audit of the results being left, in substance, exclusively to the initiative of the auditee seems completely unrealistic.

If this approach were to be confirmed, a useful external and independent point of view on the implementation of the main measures to support the economy, based in this case on the verification of the achievement of intermediate objectives, would in fact be lost. A point of view that seems to be appreciated by the same administrations that, following the College's deliberations, have often decided (entirely discretionary) to reshape their plans or programmes.

The proxy that is currently being approved also provides for limitations on the publicity of the College's deliberations, a provision that is not only incompatible with constitutional principles on transparency and international principles on auditing, but also with the citizens' right to information on the spending of public money.

The subject certainly needs to be reorganised so that the different angles currently envisaged (preventive control of legitimacy, financial, performance) are consolidated in a unitary vision of the management phenomenon, increasingly oriented, as the Constitutional Court reminds us again recently, towards the logic of the administration of results.

But it should be an organic reform, enhancing this logic and hopefully shared.

President of the Board of Joint Control

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