A transparent company
The section of the Isontina Ambiente website dedicated to all information on the organization and activity of the Company which is in charge, on behalf of 28 Member Municipalities, of the Integrated Hygiene Environmental Service, is called "Transparent Company".
This site respects anyone's right to access any documents subject to mandatory publication, directly and immediately, without prior authentication and identification.
Unless necessary to comply with the privacy legislation, all data and documents are published in an open format. They are therefore reusable, without further restrictions, with the obligation on the part of the user to cite the source and to respect its integrity.
The Transparency and Corruption Prevention Plan adopted by Isontina Ambiente identifies, for each obligation, the subjects responsible for data transmission and the persons responsible for publication, as well as the terms foreseen for the publication.
The person in charge to prevent corruption and guarantee transparency has been, since 2014, engineer Giuliano SPONTON, General Manager of Isontina Ambiente srl.
Summary of legislation
Among the instruments aimed at preventing corruption and bad administration, the principle of transparency, understood as total accessibility to information on the organization and activities of public administrations or public companies, plays a key and fundamental role.
Pursuant to article 2-bis, para. 2, letter b) of Legislative Decree 33/2013, "Reorganization of the discipline concerning the obligations of disclosure, transparency and dissemination of information by public administrations", the same discipline envisaged for public administrations applies, as compatible, also to companies under public control, as defined by the legislative decree 175/2016 (Consolidated law of the investee companies - TUSP).
In in-house companies such as Isontina Ambiente, the public shareholder carries out a control similar to that normally performed on his own services, exerting a decisive influence both on the strategic objectives and on the significant decisions of the company itself.
As a result of this peculiar control relationship, the National Anti-Corruption Authority (ANAC) stated that in-house companies were to be fully included in the list of subsidiaries, thus becoming subject to anti-corruption and transparency regulations (Resolution n. 1134 / 2017).
Through Attachment 1 of the aforementioned Resolution no. 1134/2017, ANAC has analytically defined the data, documents and information subject to mandatory publication, also specifying the methods of publication and the timing for updating.
Depending on the activities carried out, the data suitable for external representation of the internal organization of the company, its governance, the size and performance of its workforce, any tasks entrusted to third parties, the existence of public entities controlled or participated, as well as any act relating to the procedures announced or the supply contracts entered into must be published.
The above principles are guaranteed, in compliance with the limits relating to the protection of legally relevant public and private interests, through civic access.
Legislative Decree 33/2013, as amended by Legislative Decree 97/2016, introduced two distinct types of civic access which were added to the "traditional" document access pursuant to art. 22 and following of Law 241/1990.
Unlike document access, civic access does not require any subjective legitimation or direct interest in relation to the document being requested: this right can in fact be exercised by anyone.
Simple civic access, governed by art. 5, paragraph 1 of Legislative Decree 33/2013, only concerns the data subject to mandatory publication. The related right can therefore be exercised on the basis of the sole assumption that the publication has been omitted.
Generalized civic access is governed by the second paragraph of the aforementioned article 5 and gives anyone the right to access data and documents other than those subject to mandatory publication.
As highlighted by ANAC... "transparency becomes a condition of guarantee of individual and collective freedoms, as well as civil, political and social rights, integrates the right to good administration and contributes to the creation of an open administration, at the service of citizens" (Resolution n.1309 of December 28, 2016).