The Italian Banking Association (Abi) asks for a revision of the law which provides for the presence of representatives of the Mef in the audit boards of private companies that receive public contributions. The request, made in a memorandum filed with the Budget Committee of the Chamber, arises from the “interpretative uncertainties” of the law itself, in particular with regard to its application to private companies.
Second the Abithe current wording of the article of the Budget Law which provides for the presence of auditors Mef in companies that receive contributions exceeding 100 thousand euros, it risks raising “obvious profiles of unconstitutionality”. The Association therefore requests a change in the law that explicitly excludes private entities from the scope of application of the law, in order to avoid ambiguity and potential legal conflicts.
A shared principle
The Minister of Economy, Giancarlo Giorgettideclared that he was “very open to any type of proposal” on the law, but reiterated that the underlying principle must remain: those who receive public contributions from the State must be responsible for the use of the resources. Mefhe explained Giorgettihas no intention of “snooping” into private companies, but simply wants to ensure that public funds are spent efficiently and responsibly. “If necessary, we can also use the Guardia di Finanza, which is perhaps scarier than an auditor”, he added with a note of irony, but underlined that the principle of control over the use of public funds is non-negotiable.
The rule, which provides for the presence of ministerial auditors in the boards of companies receiving public contributions, has raised several concerns among private operators, worried about interference in their business practices and the possible inefficiency of centralized control. The proposal of theAbi to exclude private entities from the application perimeter of the law is seen as a solution to avoid conflicts and resolve interpretative uncertainties.
The mediation proposal
According to the previews of ItaliaOggithe solution that could emerge from the parliamentary discussion involves maintaining the principle of control over public funds, but entrusting the task of verifying the use of resources to the company auditors, already present in the corporate structures. This approach could avoid the introduction of new ministerial auditors and would be more in line with existing business practices.
In essence, the intent is to find a balance between public control over funds and the operational freedom of private companies. The minister Giorgetti he made it clear that the government is available to discuss changes, but reiterating the need to keep the principle of accountability intact for those who benefit from public resources. The discussion is destined to continue in the coming weeks, with the aim of arriving at a shared solution that respects both the companies’ needs for transparency and operational flexibility.
Interpretative uncertainties
The question raised byAbi it mainly concerns the “interpretative uncertainties” on the real applicability of the rule. Currently, the budget law does not clearly specify whether the provision on auditors of Mef also extends to private companies that receive contributions, generating confusion among economic operators. Furthermore, the rule could conflict with constitutional principles, such as the right to private autonomy, raising doubts about its legitimacy.
As the debate in Parliament evolves, the desire to clarify these aspects seems to prevail, but it remains to be seen what solution will be adopted to ensure that the control measures are effective without being excessively burdensome or intrusive for the beneficiary companies.
THE’Abiin this sense, underlined the importance of a legislative intervention that makes the necessary changes to the law, to prevent “interpretative uncertainties” from undermining stability and legal certainty in the system of companies that operate with public contributions.
