Sandro Ruotolo, an Italian MEP from the Socialists and Democrats group, has asked the European Commission whether Italy's abolition of the abuse of office offence is compatible with the recently adopted EU Anti-Corruption Directive. The question, submitted on 28 April 2026, targets the Italian government's position that Member States retain wide discretion in defining anti-corruption rules, potentially allowing the abolished offence to remain off the books.
The parliamentary question follows the European Parliament's final approval of the directive on combating corruption on 26 March 2026, which includes criminalisation requirements for the unlawful exercise of public functions. Italy abolished the abuse of office offence with law No 114/2024, a move that Ruotolo now challenges in light of the new EU obligations.
first, whether the Commission has held bilateral discussions with Italian authorities on the compatibility of the current framework with the directive, and if so, what the outcome was; second, whether the Commission considers the abolition to be in line with the directive's obligations. The MEP does not propose numerical targets or deadlines but seeks a legal interpretation that could pressure Italy to reintroduce the offence.
Ruotolo advocates for a strict interpretation of the directive, arguing that the abolition undermines EU anti-corruption efforts. The question implies that Italy's discretion is not unlimited and that the Commission should enforce harmonisation.
The Commission is expected to reply within approximately six weeks. Its answer will signal whether it views the Italian approach as a legitimate exercise of national discretion or as a breach of EU law, potentially triggering infringement proceedings. The outcome will affect Italian public officials and the broader balance between EU anti-corruption standards and national sovereignty.
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