Law no. 190/2012 introduced clause 16-ter of para. 53 of Legislative Decree no.165 of 2001, stating that “employees who, in the last three years of service, have had authority or negotiating power for the public administration as defined in para.1, clause 2 of Legislative Decree 30/3/2001 no.165, may not act for private entities which work for the public administration, in the three years following termination of their role. Completed contracts and roles awarded in violation of the present clause are nullified and it is forbidden for private individuals that finished the activity or awarded the contracts, to work with the public administration for a further three years; there is also the obligation to return any sums received and confirmed as due to this situation”.

The “employees” concerned are those who, due to their role and position within the Administration department, had the power to impact strongly on the decision in question and therefore those who used their power or negotiating capacity with regard to the specific process or procedure in question (managers, officials, supervisors of procedures as defined in para.125, clauses 8 and 11 of Law no. 163 of 2006).

The aforesaid individuals in the 3-year period following the end of contract with the Administration, for whichever reason (also in the event of early retirement) may not carry out any form of autonomous or subordinate work with those private entities awarded university contracts/agreements or provisions.

The law applies sanctions in the event of violation – sanctions on the deed and the persons involved:

• Sanctions on the deed: completed work contracts and awarded contracts in violation of the regulations are declared null and void
• Sanctions on the persons involved: private individuals/companies who complete contracts or are awarded contracts in violation of the regulations may not apply to work with public administration linked to the ex-employee for the next three years and must return all payments received and agreed as part of the illegal contract: therefore, the sanction operates as a legal requisite for participation in tenders with consequent illegitimacy of the agreement itself due to violation.