The document provides an overview of several independent administrative authorities in Italy, including their establishment, functions, and organizational structure. Some of the key authorities discussed include the Italian Competition Authority (ICA), Italian Communications Supervisory Authority (AGCOM), Italian Data Protection Authority, National Commission for Companies and the Stock Exchange (CONSOB), Institute for the Supervision of Insurance Companies (IVASS), Electricity, Gas and Water Authority (AEEG), Italian Anti-Corruption Authority (ANAC), and Strike Regulatory Authority. The authorities were established to ensure liberalization and fair competition in strategic economic sectors, protect consumers and personal data, and regulate various industries independently of political influence.

1. INDEPENDENT ADMINISTRATIVE
AUTHORITIES IN ITALY
NAMES AND FUNCTIONS
June 2017

2. IT ALL STARTED IN THE NINETIES
The European Union imposed to Member States to liberalise strategic
sectors of the economy (transportation, energy, telecommunications).
To ensure respect for the rules governing the free market, the EU
askedthemtosetupadhocpublicbodies.Italycreatedtheindependent
administrative authorities.
Although the authorities were established at different moments in time
and there was no unitary plan, they all have common features: they
are neutral, independent bodies separate from Government and have
their own organisational, financial and accounting autonomy.
Why create new independent Administrations?
To protect the economic and social interests enshrined in the
Constitution and avoid important strategic sectors, especially
the more dynamic and highly technological, from being politically
influenced.

3. WHAT DOES THE CONSTITUTION SAY?
Should a law affect a sector
for which an independent Au-
thority is competent, thereby
interfering with its activity, the
law can be contested before
the Constitutional Court as
having violated the principle
of fairness and protection of
the constitutional values for
which the Authority is respon-
sible.
Since the Constitution does not
envisage independent authorities
they were established by ordinary
law. Legally some people call them
the “fourth power” of an “unvaried”
Constitution; others believe that they
could be covered by Art. 41 of the
Constitution:
Private economic enterprise is
free... The law shall provide for
appropriate programmes and
controls so that public and priva-
te-sector economic activity may
be oriented and co-ordinated for
social purposes.

4. Known as the “Antitrust”, it was established by Law n. 287/1990
“Regulations for the protection of competition and the market”. Itsaimisto:
ensure protection of competition and the market;
repress unfair commercial practices and misleading advertising;
sanctionunconscionableclausesincontractsbetweenundertakings
and consumers;
monitor any conflicts of interest concerning persons holding
government office;
assign a legality rating to undertakings;
present, every year, before March 31st, the Prime Minister with the
Annual Report about the previous year’s activities and illustrate it
during an ad hoc meeting with Parliament.
The ICA is a collegial body with a Chairman and two Commissioners
jointly appointed by the Presidents of the Chamber of Deputies and
Senate; they remain in office for a seven year non-renewable term.
The Authority is a member of the European Competition Network.
THE ITALIAN COMPETITION AUTHORITY (AGCM-ICA)

5. HOW DOES THE ICA WORK?
When any case or complaint
is brought to the attention
of the Chairman, either by a
citizen seeking justice (natural
person and/or legal entity)
or ex officio, he appoints a
Commissionerasrapporteur.
The in-house Directorates
perform an enquiry and, after
having heard the parties, the
College of the Authority takes
the final decision by a simple
majority.
Sanctions: the Authority warns the
undertakingstoavoidsimilarbehaviour
in the future; depending on how
serious the violation and how long it
has lasted, the Authority can also levy
a fine up to 10% of the turnover of the
undertakings involved.
The decision taken by the ICA can be
annulled by appealing to the Regional
Administrative Tribunal of Lazio (TAR).

6. THE ICA AND THE DECENTRALISED APPLICATION
OF THE EU ANTITRUST LAW
The safeguard of the single market is a core competence of the EU.
However since 2004, after approval of Regulation 1/2003, national
Antitrust authorities apply articles 85 and 86 of the EU Treaty in a
decentralised manner (these articles prohibit all agreements between
undertakingswhichmayaffecttrade,andabuseofadominantposition).
The single intervention principle is in force, so there is no risk of
overlapping between the national and EU level. Community interest
is the parameter used to define the judicial level. The case is assigned
to national Authorities if:
the current or foreseeable restrictive effects of competition
essentially take place in the territory of a single Member State;
there is no particular interest for the Community and/or it does
not involve significant interests of actors in other Member States.
Every national Antitrust Authority can also ask the European
Commission to be assigned competence for a specific case being
examined at EU level should it believe there are grounds for it to be
examined at national level.

7. THE ITALIAN COMMUNICATIONS
SUPERVISORY AUTHORITY (AGCOM)
It is a “convergent” author-
ity because it regulates and
monitors multiple macro
communications sectors:
telecommunications, audio-
visuals, publishing and, more
recently, postal services.
This Authority was established by
Law n. 249/1997 “Establishment of
the Authority for communications and
regulations regarding the telecom-
munications and radio and television
systems”. It was tasked with:
ensuring equitable conditions for
fair market competition between
operators;
protecting the fundamental rights
of users.

8. THE MEMBERS OF AGCOM
TheAGCOMhasaChairman,aBoard,aCommissionforInfrastructures
and networks, and a Commission for services and products.
The Chairman is appointed by a Presidential Decree upon a proposal
of the Prime Minister and in agreement with the Minister of Economic
Development after a favourable opinion of the competent parliamentary
Committees. It is a seven-year, non-renewable mandate.
The Regional Committees for Communications (CO.RE.COM)
are also members of AGCOM; they act as guarantors for local
communications systems; the National Users Council (CNU), made
up of five members and financed by the Regions, is also a member of
AGCOM.

9. Among others:
it assigns radio and television licences, establishes fees and
contributions;
it verifies the budgets of operators in the audio-television sector;
it monitors any dominant position;
it verifies observance of indications by the Parliamentary Committee
for the aims of and vigilance of the radio and television services;
when requested by the AGCM it expresses opinions in proceedings
involving communications;
it guarantees the application of regulations concerning so-called par
condicio as regard electoral issues.
Arepresentativeischosentobe“responsible”forthepreparatoryenquiry
regarding each proceeding; this representative may be summoned to
attend either public or reserved auditions.
TASKS ASSIGNED TO AGCOM

10. Regarding sanctions, the AGCOM can:
apply administrative sanctions in the case of ascertained violations;
accept the proposal of “commitments” presented within 30 days
of ascertainment of the illicit behaviour, so long as the commitment
also includes the immediate suspension of the illegitimate conduct;
or, in the case of reiteration of the illegitimate behaviour, AGCOM
may impose interdictory behaviour, e.g., from suspended activity for
a maximum of 6 months, to the repeal of the licence.
THE SANCTIONS OF AGCOM

11. Known as the “Garante della privacy” [Guarantor of privacy] it was
established by Law n. 675/1996 on privacy and is regulated by the
Data Protection Code (Legislative Decree n. 19 of 30 June 2003).
It is a collegial body with four members (the President, Vice President
andtwomembers).TheChamberofDeputieselectstwomemberswhile
the Senate of the Republic elects the other two (the so-called limited
vote system). Unlike other Authorities, Parliamentary Committees are
not required to express an Opinion about the designated individuals.
The non-renewable mandate lasts seven years. The Authority deals
with all public and private issues that may interfere with the correct
processing of personal data and information.
Every year the Guarantor presents an Annual Report to Parliament
and the Government, illustrating, amongst other things, the most
significant acts and regulations adopted without the opinion of the
Authority, on topics that affect the processing of personal data and/or
issues regulated by the Code.
ITALIAN DATA PROTECTION AUTHORITY

12. The most important are:
checking that personal data is processed in line with current
regulations and, should there be irregularities, establish the
measures necessary to rectify the status quo;
handle any claims, reports and complaints based on the personal
data protection code;
promote dissemination of Deontological Codes and the Code of
Good Conduct (from consumer credit to journalism, etc.);
inform Government about any critical situations and, when
requested, render ad hoc opinions about topics for which the
Authority is competent;
handle the Records that have been created based on the personal
data protection code.
THE TASKS OF THE DATA PROTECTION AUTHORITY

13. The CONSOB was established by Legislative Decree n. 33/2013
“Reorganisation of the regulations regarding the right of civic access
and the obligations of publicity, transparency and dissemination of
information by public administrations”; it is the collegial body tasked
with controlling the Italian financial products market.
It has a Chairman and four members appointed by a Presidential
Decree upon a resolution adopted by the Council of Ministers at the
initiative of the Prime Minister and after a formally non-binding opinion
by the competent Parliamentary Committees. The seven-year mandate
is non-renewable.
It is possible to contest the decisions of the Authority by presenting a
reasoned appeal directly to the Commission.
THE NATIONAL COMMISSION FOR COMPANIES
AND THE STOCK EXCHANGE (CONSOB)

14. It protects public savings, but in the Italian legal system it is not the
only body responsible for protecting savers’ interests. To this end:
it regulates the provision of services and investments by
intermediaries, the reporting obligations of companies listed on
regulated markets and appeals for public investments;
it authorises public invitations to bid and documents concerning
takeover bids, the operations of regulated markets, and enrolment
in the professional registers of investment companies;
it monitors market management companies and the transparency
of negotiations;
it sanctions the entities monitored;
continued

THE ACTIVITIES OF THE CONSOB

15. it ascertains any anomalous trends in the trading of listed securities
and verifies violations of regulations on so-called insider trading
and market abuse;
itcollaborateswithdomesticandinternationalAuthoritiesappointed
to organise and operate financial markets;
CONSOB works closely with the European Union and is a member
of the European Securities and Markets Authority (ESMA).
THE ACTIVITIES OF THE CONSOB

16. The IVASS was established by Law n. 135/2012 to protect policyholders
and, more in general, those entitled to insurance benefits, through a
“sound and prudent” management of insurance undertakings. It also
pursues the stability of the financial system and markets.
The Board is made up of a President, who is the Director General of
the Bank of Italy, and two Directors, chosen from amongst persons
with a high level of expertise in insurance matters, and appointed by
a Presidential Decree upon a resolution adopted by the Council of
Ministers at the initiative of the Prime Minister acting on a proposal from
the Governor of the Bank of Italy and in agreement with the Minister
of Economic Development.
IINSTITUTE FOR THE SUPERVISION
OF INSURANCE COMPANIES (IVASS)

17. IVASS also has a Joint Directorate.
This is a collegial body made up of the Governor of the Bank of Italy,
who holds the chair, the Senior Deputy Governor of the Bank of Italy
– President of IVASS, the three Deputy Governors of the Bank of Italy
and the two members of IVASS’ Board of Directors. It approves the
Annual Report and provides opinions for other Authorities.
IVASS works closely with the European Union and is a member of
the European Insurance and Occupational Pensions Authority (EIOPA).
THE JOINT DIRECTORATE

18. Among others:
it exercises “micro-prudential supervision”, i.e., through assets/
liabilities,financialandtechnicalcontrolsovercorporategovernance
and shareholdings;
it also exercises “macro-prudential supervision” by controlling the
stability of the entire insurance system; to this end it can carry out
inspections, also in collaboration with the Bank of Italy and other
public Authorities, both in Italy and the European Union and/or
Member States;
it keeps the RUI (single register of insurance and reinsurance
intermediaries);
it promotes the dissemination of good practices between operators
in order to protect consumers;
it publishes an Annual Report, other documents concerning its
activities, and statistical data about the insurance market in Italy.
THE TASKS OF IVASS

19. THE ELECTRICITY, GAS AND WATER AUTHORITY
The AEEG was established
by Law n. 481/1995 “Rules
for the competition and
regulation of public utility
services. Establishment of
the Regulatory Authority for
public utility services”. Its
objective is to “ensure the
promotion of competition and
efficiency” in the electricity
and gas sectors.
It is a collegial body with a President
and four members appointed by the
President of the Republic after a
binding, favourable opinion by the
competent Parliamentary Committees
acting on a proposal by the Minister of
Economic Development.
One unique characteristic: it is not
financed by State resources but by
contributions paid by market operators
calculated as a set percentage of
contributors’ revenues (0.28‰ in the
electricity and gas sectors and 0.25‰
in the integrated water sector).

20. ensuring “availability” and “distribution” of services throughout the
country by establishing a “transparent and reliable tariff system
based on predefined criteria” to protect the interests of users and
consumers, but at the same time encourage protection of the
environment and the efficient use of resources;
promote the highest possible levels of competition and better
standards of safety in the supply system;
establish minimum levels of quality service as regards technical
and contractual issues and service standards;
continued
THE OBJECTIVES OF THE ELECTRICITY,
GAS AND WATER AUTHORITY

21. promote the rational use of energy, especially with regard to the
dissemination of energy efficiency and the adoption of sustainable
growth measures;
monitoring and control in the fields for which it is competent, in
collaboration with the Finance Police, the Equalisation Fund for the
electricity sector, the GSE, etc., regarding quality service, safety,
incentives for renewable sources and assimilated products, etc.;
impose sanctions and assess and possibly accept commitments
by companies to compensate infringed interests.
THE OBJECTIVES OF THE ELECTRICITY,
GAS AND WATER AUTHORITY

22. ANAC was established by Law n. 114/2014 to fight corruption in the
Public Administration and subsidiary and controlled undertakings, as
well as safeguard the rights and interests of citizens and businesses.
The Authority is a collegial body made up of a President and four
members chosen from amongst anti-corruption experts. The members
areappointedbyaPresidentialDecreeafterdeliberationsbytheCouncil
of Ministers upon a proposal of the Minister for Public Administration
and Simplification pursuant to a favourable opinion with a two-thirds
majority by the competent Parliamentary Committees. It is therefore a
binding Opinion.
The President is also appointed pursuant to a proposal by the Minister
for Public Administration and Simplification, but in agreement with the
Minister of Justice and the Minister of Interior.
continued
THE ITALIAN ANTI-CORRUPTION AUTHORITY (ANAC)

23. THE ITALIAN ANTI-CORRUPTION AUTHORITY (ANAC)
These appointments are explicitly envisaged to be incompatible
with other elective public offices or posts in political parties and union
organisationsheldduringthethree-yearperiodpriortotheappointment.
The non-renewable mandate lasts six years.
Its modus operandi basically consists in preventing corruption
by creating a collaboration network with all levels of the public
administration, and the efficient use of resources.
Most of the documents approved by ANAC are official guidelines.

24. Established by Law 146/1990,
and modified in 2000, the
Commissione di garanzia
dell’attuazione della Legge
sullo sciopero nei Servizi
pubblici [Strike Regulatory
Authority] is made up of eight
members indicated by the
Presidents of the Chamber of
Deputies and the Senate and
appointed by Presidential
Decreefromamongstexperts
in the field of constitutional
rights, labour and industrial
relations.
They are formally appointed by a
Presidential Decree.
Specificruleslaydownthatmembers
of this Authority cannot hold a public
post or a post in a political party, union
orotheragencythatoftencollaborates
or acts as a consultant for the Public
Administration.
THE STRIKE REGULATORY AUTHORITY

25. The most important are:
decide if the “essential services” established in the agreements
between social partners and in the Code of Self-regulation are
adequate to ensure, on the one hand, the right to strike and, on
the other, the rights of citizens, also enshrined in the Constitution.
If they are deemed incompatible, one of the Authority’s tasks is
to propose an agreement reconciling the interests of the parties
involved;
should constitutional rights be in serious danger, the Authority can
avert a strike that has already been announced by activating the
requisition procedure, in other words either by reporting to the
Prime Minister or a Minister, if it is a national or interregional strike,
or to the Governor; these persons will then issue the requisition
order;
continued
THE RESPONSIBILITIES OF THE STRIKE
REGULATORY AUTHORITY

26. gather information from the public administration and businesses
providing a public service, for example regarding strikes that
have been announced and held, revocations, suspensions and
postponements;
inform the President of the Chamber of Deputies, either when
requested or on its own initiative, about the activities for which it is
competent;
transmit its documents and decisions to the President of the
Chamber of Deputies, the President of the Senate, and to
Government; these institutions will then undertake to disseminate
the information.
THE RESPONSIBILITIES OF THE STRIKE
REGULATORY AUTHORITY

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