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Marotta is a frazione of the Comune di Mondolfo in the province of Pesaro e Urbino, Marche region. If you are considering whistleblowing in Marotta you are operating within the Italian legal framework - not a separate local system. Italy has adopted whistleblower protections that apply to both public and private sector workers. These protections were driven by the European Whistleblower Directive and transposed into Italian law, and they sit alongside older anti-corruption and corporate-liability rules that may be relevant in individual cases.
It is important to note that Italy does not have a prosecutor-driven qui tam system identical to the United States False Claims Act where private individuals bring suit on behalf of the state and receive a percentage of recovery. Instead, whistleblowing in Italy is primarily a protective and reporting mechanism - aimed at exposing wrongdoing, triggering investigations by authorities, and protecting the reporter from retaliation.
Whistleblowing can involve legal, procedural and practical risks. A lawyer experienced in whistleblower matters can help you evaluate the situation and take steps to protect your rights and safety.
Common situations where people need legal help include:
- Assessing whether the information you have qualifies as protected whistleblowing - that is, reporting breaches of EU law, criminal offences, public procurement fraud, corruption, environmental harm, health and safety violations, or other serious wrongdoing.
- Deciding whether to use internal reporting channels or submit an external report to a competent authority - and ensuring the report is made in compliance with statutory requirements.
- Preserving evidence in a way that strengthens your position while respecting privacy and data-protection rules.
- Responding to employer retaliation - such as dismissal, suspension, demotion, harassment, or other disadvantageous treatment - and taking steps to obtain remedies like reinstatement, compensation or protective orders.
- Handling criminal exposure - where your disclosure might involve potential complicity, or where you may be implicated in unlawful conduct.
- Navigating interactions with public authorities - such as the Procura della Repubblica, Guardia di Finanza, ANAC, or regulatory agencies - and representing you in investigations or litigation.
- Crafting cautious public statements or media engagement that minimize legal risk.
The legal landscape for whistleblowers in Italy has several relevant components you should know about.
- Legislative Decree No. 24 of 10 March 2023: This decree transposed EU Directive 2019/1937 on the protection of persons who report breaches of Union law. It introduced rules on internal reporting channels, external reporting channels, confidentiality and protection against retaliation for a broad class of reporters in public and private sectors.
- Law No. 190 of 2012 and anti-corruption measures: Italy's anti-corruption law and related regulations set obligations for public administration transparency and created mechanisms to combat corruption. These rules remain relevant for public-sector disclosures.
- Legislative Decree No. 231 of 2001: This sets out administrative liability for organisations for certain crimes committed by their directors or employees. Whistleblowing can trigger internal investigations under organisational compliance frameworks established to prevent 231 liability.
- Sector-specific rules: Certain regulated sectors - for example banking, securities, public procurement and health care - may have additional reporting duties and protections. For public entities and many local authorities ANAC - Autorita' Nazionale Anticorruzione - plays a role in external reporting and anti-corruption oversight.
- Employment protection and remedies: Italian labour law and jurisprudence protect workers from unlawful dismissal and retaliation. Remedies can include reinstatement, compensation and other remedies obtainable through employment tribunals or civil courts. The Ispettorato Nazionale del Lavoro and Tribunale ordinario handle many disputes.
- Privacy and data protection: The Garante per la protezione dei dati personali oversees processing of personal data and confidentiality obligations in whistleblower procedures. Proper handling of personal data and sensitive information is mandatory.
You can report breaches of EU law and serious wrongdoing including corruption, fraud affecting the EU budget, public procurement offences, money laundering, health and safety violations, environmental offences and other crimes or administrative breaches covered by the law. Sector-specific rules may extend or clarify what is reportable.
Yes - the law contemplates anonymous reports. However anonymity may limit the ability of authorities to follow up, and in some contexts the identity may need to be disclosed to ensure due process. Whether anonymity is preserved in practice depends on the reporting channel used and the conduct of the investigating authority. A lawyer can advise on the best channel to balance anonymity and effectiveness.
Internal reporting can allow the employer to investigate and remedy issues quickly and may be required by law in some situations. External reporting is appropriate when internal channels are unavailable, unsafe, ineffective or when prompt external action is needed. Each choice has trade-offs for confidentiality, timing, and legal protections - discuss the specifics with a lawyer before deciding.
The law prohibits retaliation such as dismissal, demotion, suspension, harassment, and other adverse treatment. If you suffer retaliation you may be entitled to remedies including reinstatement, compensation and non-pecuniary relief. Time limits and procedural requirements apply, so seek legal advice quickly if retaliation occurs.
Whistleblowers are generally protected when they report in good faith and within the scope of protected disclosures. However, if a report is knowingly false or malicious, you could face civil liability or disciplinary consequences. A lawyer can help ensure your disclosure is framed and supported properly to reduce risk.
No - Italy does not have a broad qui tam mechanism similar to the US False Claims Act that allows private parties to sue on behalf of the state in exchange for a share of recovery. Whistleblowers in Italy are protected and can trigger investigations, but monetary bounty schemes are not generally available. Some sectors or programs may offer incentives in limited circumstances but these are exceptions rather than the rule.
Collect documents, emails, records, dates, names, and a clear chronology of events. Avoid unlawful collection methods - do not hack systems or take data you are not authorized to access. Preserve originals and make secure backups. A lawyer can advise on how to collect and present evidence while protecting confidentiality and complying with data laws.
Time limits vary depending on the type of remedy sought and the forum in which you bring the claim. Employment-related actions often have strict procedural deadlines. Because deadlines differ by case, contact a lawyer promptly if you suspect retaliation.
Retaliation is prohibited by law, but that does not eliminate the risk that an employer will act improperly. Legal protections exist and you can seek immediate remedies, but it is prudent to consult a lawyer before making a report and to document any adverse treatment that follows.
Look for lawyers experienced in employment law, administrative law, criminal law and regulatory compliance. The Ordine degli Avvocati di Pesaro can help locate local practitioners. You can also seek recommendations from unions, professional associations, or specialised civil society organisations. Many lawyers in Pesaro and the Marche region handle cases for residents of Marotta.
Below are public bodies and organisations that are commonly relevant in whistleblower matters in Italy. They can provide information or receive reports depending on the issue:
- Autorita' Nazionale Anticorruzione (ANAC) - for public administration and anti-corruption matters.
- Procura della Repubblica (Public Prosecutor) at the Tribunale di Pesaro - for criminal offences.
- Guardia di Finanza - for financial crimes, tax evasion and economic offences.
- Ispettorato Nazionale del Lavoro - for employment and labour-related retaliation issues.
- Garante per la protezione dei dati personali - for questions about confidentiality and data protection.
- Comune di Mondolfo - local municipal offices may provide administrative guidance if the matter involves local services or personnel.
- Ordine degli Avvocati di Pesaro - for legal referrals and information about local lawyers.
- Local trade unions and professional associations - they can offer advice and support for employment-related disclosures.
If you are considering making a whistleblower report in Marotta follow these practical steps:
- Document everything: Create a clear chronology of events, preserve emails and records, and keep copies in a secure location. Avoid taking actions that could be unlawful or breach confidentiality obligations.
- Seek confidential legal advice: Contact a lawyer experienced in whistleblower, employment and administrative law. A lawyer will help you assess the strength of your information, choose the right reporting channel, and prepare the report in a legally sound way.
- Consider reporting channel strategy: Decide whether to use an internal channel, an external authority (such as ANAC or Procura), or both. Your lawyer can advise on timing and the content of the report.
- Protect yourself from retaliation: Keep records of any adverse actions after your disclosure and notify your lawyer immediately. If necessary, involve labour inspectors or initiate court proceedings to obtain protective measures.
- Use supportive resources: Engage with unions or professional associations for additional support and consider contacting relevant supervisory authorities for guidance on confidentiality and data protection.
- Act promptly: Legal protections and remedies are often time-sensitive. The sooner you consult a lawyer after becoming aware of wrongdoing or experiencing retaliation, the better your ability to preserve rights and evidence.
If you would like help finding a local lawyer or want a consultation about your situation describe the facts, the type of wrongdoing involved, and any immediate concerns about safety or retaliation. A specialist can then advise you on the best course of action tailored to your case.
