Justice

The referral order under consideration highlights the existing jurisprudential contrast with regard to the relationship between the right of access to documents, referred to in Articles 22 et seq. of the law on administrative procedure, and the means of instruction provided for in articles 210-213 of the Italian Code of Civil Procedure, as well as, with reference to family proceedings, by the combined provisions of Articles 492-bis c.p.c. and 155-sexies disp. att. Code of Civil Procedure.

This paper analyzes the order n. 8501/2019 of Referral to the Plenary Session about the possibility for a subject, even if not direct holder of a concrete interest, to request the viewing of documents belonging to the PA, through the generalized civic access ex art. 5, c. 2, Legislative Decree 33/2013. In the case here analyzed, reference is made to the possibility of using the tool of generalized civic access in public procurement.