Roberto Garofoli is a prominent Italian magistrate and civil servant, known for his extensive contributions to the legal and political landscape in Italy. Born on April 20, 1966, in Taranto, Garofoli has played a pivotal role in shaping key legal frameworks, particularly in areas concerning anti-corruption and administrative law. This article provides a detailed exploration of Roberto Garofoli’s life, career, and significant contributions, highlighting the impact he has had on Italian governance and jurisprudence.
Early Life and Education
Roberto Garofoli was born and raised in Taranto, a city in southern Italy known for its rich history and strategic importance. From a young age, Garofoli exhibited a keen interest in law and governance, a passion that would guide his academic and professional pursuits. After completing his secondary education, he enrolled at the University of Bari, where he pursued a degree in law. His academic excellence and dedication were evident, and upon graduating, he immediately embarked on a career in the judiciary.
Entry into the Judiciary
In 1994, Garofoli successfully passed the highly competitive magistrate’s exam, a significant milestone that marked the beginning of his judicial career. He was initially assigned to the courts in Taranto and Trani, where he served as both a criminal and civil judge. During this period, Garofoli handled a variety of cases, including those related to organized crime, a prevalent issue in southern Italy. His work in these early years was instrumental in honing his legal acumen and establishing his reputation as a diligent and fair-minded magistrate.
Transition to Administrative Law
In 1999, Garofoli’s career took a significant turn when he joined the Regional Administrative Court (TAR) of Puglia. This move marked the beginning of his deep involvement in administrative law, a field that would define much of his later career. Garofoli’s expertise in this area quickly became apparent, leading to his appointment to the Council of State, Italy’s highest administrative court. At the Council of State, he served in both judicial and consultative capacities, advising on complex legal matters and contributing to significant legal reforms.
The 2000s: Rise to Prominence
The early 2000s saw Roberto Garofoli rise to national prominence through his work with the Italian government. From 2006 to 2008, during the second Prodi government, Garofoli served as the head of the legislative office of the Ministry of Foreign Affairs under Minister Massimo D’Alema. This role involved overseeing the drafting and implementation of critical legislative measures, further solidifying his reputation as a leading legal expert.
In the subsequent Berlusconi government, Garofoli was appointed to a commission tasked with drafting the Administrative Process Code, a comprehensive legal framework governing administrative justice in Italy. His contributions to this code were highly regarded, and the code itself remains a cornerstone of Italian administrative law.
Academic Contributions and Publications
Beyond his governmental roles, Roberto Garofoli has made significant contributions to legal scholarship. He has authored numerous monographs and has been the editor of several legal treatises. His works are widely used by lawyers, judges, and academics in Italy, and his expertise is frequently sought in legal and academic circles.
Garofoli has also been a professor at LUISS Guido Carli University, one of Italy’s leading academic institutions. In this role, he has mentored countless students, many of whom have gone on to prominent careers in law and public service. Additionally, he is the director of the monthly journal Neldiritto, a leading publication specializing in legal issues pertinent to both lawyers and magistrates.
One of his most notable publications is “I Tre Assi,” co-authored with former Prime Minister Giuliano Amato. This volume examines the intricacies of Italian public administration and has been widely praised for its insightful analysis and practical recommendations. Garofoli also co-authored “Casi di penale. Atti e pareri” with Giulia Bongiorno, another prominent Italian lawyer and politician. This work is a key resource for understanding criminal law in Italy.
Anti-Corruption Efforts and Legal Reforms
Roberto Garofoli’s most impactful contributions have been in the area of anti-corruption. His commitment to combating corruption in Italy has been a defining feature of his career, particularly during his tenure as the Head of the Cabinet in various ministries.
In 2011, Garofoli coordinated the national project “Unità ed eguaglianza” as part of the official celebrations for the 150th anniversary of Italy’s unification. That same year, he was appointed Head of the Cabinet at the Ministry of Public Administration under Minister Filippo Patroni Griffi in the Monti government. In this role, Garofoli spearheaded efforts to enhance transparency, prevent corruption, and implement anti-corruption measures across the public sector.
One of the most significant outcomes of these efforts was the report titled “La corruzione in Italia – Per una politica di prevenzione,” which provided a comprehensive analysis of corruption in Italy and offered detailed proposals for legislative reforms. The report highlighted Italy’s low ranking in global corruption perception indices, the substantial increase in the cost of major public works due to corruption (estimated at 40%), and the decline in corruption-related prosecutions and convictions.
Many of the preventive measures proposed in this report were later incorporated into Italy’s anti-corruption law, known as the Severino Law (Law No. 190 of November 6, 2012), and the Legislative Decree on Administrative Transparency (Legislative Decree No. 33 of March 14, 2013). These laws have since become key tools in Italy’s ongoing battle against corruption.
Collaboration with the Letta Government
In 2013, Roberto Garofoli was appointed Secretary-General of the Presidency of the Council of Ministers in the Letta government. In this capacity, he was also tasked with leading a commission to develop measures to combat organized crime and criminal economies. The commission, which included prominent figures like magistrates Nicola Gratteri and Raffaele Cantone, worked pro bono and produced the report “Per una moderna politica antimafia – Analisi del fenomeno e proposte di intervento e riforma.”
This report was groundbreaking in its analysis of organized crime in Italy, particularly its economic aspects. It estimated that the various criminal organizations operating in Italy generated between 18 and 30 billion euros annually, all of which were untaxed. The report’s findings on the drug trade alone, which was estimated to generate 25 billion euros annually, underscored the scale of the problem and the need for comprehensive anti-mafia policies.
Service Under the Renzi, Gentiloni, and Conte Governments
Roberto Garofoli continued to play a crucial role in Italian governance under subsequent administrations. In February 2014, he was appointed Head of the Cabinet at the Ministry of Economy and Finance in the Renzi government. Despite the demanding nature of the role, Garofoli chose to forgo the additional compensation that came with the position, opting instead to receive only his salary as a magistrate.
At the Ministry of Economy and Finance, Garofoli oversaw several key initiatives, including the development of anti-corruption guidelines for state-owned enterprises and the drafting of a memorandum of understanding between the ministry and the Italian Banking Foundations Association (ACRI). These efforts were part of a broader strategy to enhance transparency and accountability in Italy’s financial sector.
Garofoli’s expertise was so valued that he retained his position as Head of the Cabinet under both the Gentiloni (2016-2018) and Conte I governments. His ability to navigate the complexities of Italy’s economic and legal systems made him an indispensable asset in these administrations.
Controversy and Resignation
In October 2018, Roberto Garofoli found himself at the center of a political controversy. Members of the Five Star Movement (M5S) accused him and Daniele Franco, the General Accountant of the State, of inserting a provision favoring the Italian Red Cross into the 2019 fiscal decree. This provision was subsequently removed by Prime Minister Giuseppe Conte.
The accusation, although explained and defended by then-Minister of Economy Giovanni Tria as a necessary measure to unlock funds for Red Cross workers, led to significant political pressure. Garofoli ultimately resigned from his position at the end of 2018, following the conclusion of the budget law. He returned to the Council of State, where he was appointed President of a section.
The 2020s: Continued Public Service
Despite the challenges he faced in 2018, Roberto Garofoli remained a key figure in Italian public service. On February 13, 2021, he was appointed Undersecretary of State to the Presidency of the Council of Ministers and Secretary of the Council of Ministers in the government led by Mario Draghi. In this role, Garofoli continued to influence policy at the highest levels, contributing his legal expertise and experience to the new administration’s efforts to address Italy’s pressing challenges.
Legacy and Impact
Roberto Garofoli’s career is a testament to his unwavering commitment to public service and the rule of law. His work in combating corruption, enhancing transparency, and reforming Italy’s legal and administrative systems has had a profound impact on the country. Garofoli’s contributions to Italian governance, particularly in the areas of anti-corruption and administrative law, have set new standards for public accountability and integrity.
As a magistrate, academic, and public servant, Roberto Garofoli has left an indelible mark on Italy’s legal and political landscape. His legacy is one of dedication, expertise, and a relentless pursuit of justice. As Italy continues to face challenges in governance and the rule of law, Garofoli’s work will undoubtedly continue to serve as a guiding light for future generations of legal professionals and public servants.
