Serena Fioschini

PhD student in Administrative Law at the University of Macerata

The recent reform of the Public Procurement Code has reignited the debate over the distinction between publicity and transparency, prompting a reflection on the necessary balance between the accessibility of administrative action and the protection of confidentiality. This paper analysis the general and sector-specific regulatory frameworks governing access to administrative documents, with a particular focus on the institution of the request for redaction provided under Article 36 of Legislative Decree No. 36/2023, specifically with regard to the data covered by technical and commercial secrets. The analysis will highlight certain implementation issues arising from the overlap between publicity and transparency, as well as selected trends in administrative case law that are relevant to achieving an appropriate balance between administrative transparency, competition protection, and confidentiality.

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