Transparency and open access

Article 6bis of Law no. 241/1990 governs the conflict of interest in exercising administrative power; however, this legal rule does not provide a definition of “procedural conflict of interest” and it does not define the nature of the procedure requiring the public servant to abstain. The present study analyses the doctrinal and jurisprudential orientations formed with regard to the aforementioned notion and attempts to identify the application area of the institute.

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.

During the Covid emergency, the importance of the collection of quality public data, their re-elaboration for information purposes and their timely dissemination emerged . This contribution analyzes the judicial actions promoted by Codacons in order to solicit the release of data, and so, in particular, the presidential decrees nos. 2299/2020 and 2346/2020 of the T.A.R. Lazio and n. 01841/2020 of the Council of State.

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.