Administrative procedure

This paper deals with the suitability of the generalized civic access to guarantee administrative transparency during the COVID 19 health emergency, considering also the Codacons’ civic access request related to COVID 19 health emergency data.

With the judgment of 15 April 2020, 1 BvR 828/20, the German Federal Constitutional Court ruled that the municipal administration of the town of Giessen must re-evaluate the request of authorization to hold a demonstration in a public place, presented by a German citizen and already rejected by the same administration, in light of the considerations on the exercise of administrative discretion carried out by the Court itself. According to the Constitutional Judge, in cases such as this, administrative discretion must in fact be exercised primarily in order to protect rights which, otherwise, an administrative provision could compress to the point of making it impossible to exercise.

The contribution analyzes the discipline on the suspension of procedural terms provided for by the "Cura Italia" decree, highlighting some of its critical aspects.