Who are the public decision makers
The text lists different categories of “public decision makers”, in which the representatives of interests carry out lobbying. The first are the members of Parliament (deputies and senators) and of the Government (therefore premier, ministers, deputy ministers and undersecretaries). Then there are the public decision-makers who are members of the organs of territorial autonomy: the presidents, the regional councilors and councilors and the presidents and councilors of the provinces and metropolitan cities. And then the presidents and the members of the independent authorities, the top bodies of the state public bodies, the holders of the top positions of the territorial bodies and other public bodies
. The heads of the offices of direct collaboration are also equated to public decision-makers.
To whom it does not apply
The provisions do not apply to journalists and public officials, for relations with public decision-makers relating to the exercise of their profession or function. They do not apply to individuals who have relationships or make contact with public decision makers to collect statements for publication. And they do not apply to representatives of governments and political parties, movements and groups of foreign states and to representatives of recognized religious denominations. And for parties, movements and political groups in relation to the activity carried out to determine state, regional or local policy pursuant to Article 49 of the Constitution.
The provisions do not apply to interest representation activities carried out by: public bodies, including territorial ones, or by associations or other representative bodies of public bodies; political parties or movements; exponents of trade union organizations; exponents of business organizations. And they do not apply: to reports, objects and news the publicity of which constitutes a violation of the rules on state, official, professional or confessional secrecy; the institutional communication activity; to communications, oral and written, made in the context of sessions and hearings of the Commissions or other parliamentary bodies and in the context of consultations called by state, regional and local administrations or public bodies; the representation activity carried out in the context of decision-making processes that are concluded through memoranda of understanding or other instruments of consultation.
A register of interest representatives arrives
The text provides for the establishment of a register of those who carry out activities of representation of interests, at Agcom, the Authority guarantor of competition and of the market. It is called the Register for the transparency of the activity of representing interests. All those who intend to carry out the activity of institutional relations for the representation of interests are required to register. The register, in digital format, is divided into two parts: a part with access reserved for registered subjects and public administrations and a part with public access, which can be consulted electronically. The public access part of the register can be consulted by anyone via Spid or electronic identity card.
Those who cannot subscribe to the register
Public decision-makers cannot enroll in the register during their mandate and, exclusively in the case of national or regional government posts, for one year following the termination of the mandate. Minors under the age of 18 and external experts who work in public administrations for the term of office cannot register. Register also forbidden to holders of individual offices at the Presidency of the Council of Ministers for the duration of their office, members of the Order of Journalists, those who have undergone definitive convictions for crimes against the public administration, property, the personality of the State and the administration of justice. And, again, the register forbidden to the leaders of political parties or movements during their office, to those who do not enjoy civil and political rights, to those who have been barred from public offices, to those who exercise administration, management or control functions in entities public companies and investee companies.
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