non-compliance to the top politic management of the administration, to the OIV in order to activate
any other form of responsibility.
Article 44
functions of the independent bodies of evaluation
The Independent Body of Evaluation verifies the coherence of the objectives provided in the
Triennial plan for the prevention of corruption, according to article 10, and in the Performance plan,
evaluating the adequacy of the related indicators. The entities deputed to the evaluation of the
performance and the OIV utilize the information and the data related to the execution of the
transparency obligation in order to measure and evaluate the performances in terms of organization
of the offices responsible for the transmission of data, on an individual and aggregate basis.
Article 45
functions of the national anti-corruption authority - anac
1. The National Anti-Corruption Authority controls the correct compliance with the obligation of
publication provided by the legislation in force, exercising its powers of inspection through request
of information, acts and documentation to the public administrations and ordering to proceed, within
30 days, with the publication of data, documentation, and information according to the dispositions
of this Decree, with the adoption of acts or measures required by the legislation in force or to the
removal of acts in contrast with plans and rules concerning transparency.
2. The National Anti-Corruption Authority controls the activity of the responsibles for transparency
to whom can request the summary of the results of the control performed within the administrations.
The National Anti-Corruption Authority can also request to the OIV other information on the control
over the correct compliance with the obligation of transparency provided by the legislation in force.
3. The National Anti-Corruption Authority can also use the databases of the Presidency of the
Council of Ministers- Department of the Public Function for the monitoring of the fulfillments to the
obligations of publication provided by the legislation in force.
4. Non-compliance with the obligation of publication provided by paragraph 1 constitutes a
disciplinary offense. The National Anti-Corruption Authority reports the offense to the office
provided by article 55-bis paragraph 4 Legislative Decree 30 march 2001, n. 165 of the involved
administration in order to activate the disciplinary action against the responsible of the publication or
the manager responsible for the transmission of information. The National Anti-Corruption
Authority reports also the non-compliance to the top politic management of the administration, to the
OIV and if necessary to Court of Auditors in order to activate any other form of responsibility. The
National Anti-Corruption Authority publishes the related decisions. The National Anti-Corruption
Authority controls and publishes the cases of non-compliance with the obligation of publication
provided by article 14 of this Decree, publishing the names of the individuals involved.