Regulations governing access to administrative documents.

Effective as of: 5-1-2016

Download the current text in .pdf format

THE PRESIDENT OF THE REPUBLIC

Given Article 87 of the Constitution;

Given Article 17(2) of Law No. 400 of August 23, 1988;

Having regard to Law No. 241 of August 7, 1990, as amended;

Having regard to the consolidated text of laws and regulations

on administrative documentation referred to in the decree of the

President of the Republic December 28, 2000, no. 445;

Having regard to Act No. 15 of February 11, 2005, and in particular Art.

23;

Given the Presidential Decree of February 11, 2005,

1. 68;

Having regard to Legislative Decree No. 82 of March 7, 2005, as amended

amendments;

Having regard to the prior deliberation of the Council of Ministers,

Adopted at its meeting on July 29, 2005;

Having acquired the opinion of the Unified Conference, referred to in Art.

8 of Legislative Decree No. 281 of August 28, 1997, rendered at the session

January 26, 2006;

Hearing the opinion of the Council of State, delivered by the section

Advisory Committee on Regulatory Acts at its meeting on February 13, 2006;

Given the deliberations of the Council of Ministers, adopted in the

March 17 and March 29, 2006 meetings;

On the proposal of the Prime Minister;

 

E m a n a

The following regulations:

 

Art. 1.

Item

1. These regulations govern the manner of exercising the

Right of access to administrative documents in accordance with

As established in Chapter V of Law No. 241 of August 7, 1990, and

as amended hereinafter referred to as the “law.”

2. The general organizing measures necessary for

the exercise of the right of access are adopted by the

administrations concerned, within the time limit specified in Article 14,

paragraph 1, effective from the date of entry into force of this

Regulation, notifying the Commission on Access to the

administrative documents established pursuant to Article 27 of the

Law.

Art. 2.

Scope of application

1. The right of access to administrative documents is

exercisable against all subjects of public law and

private law entities limited to their activity of

public interest governed by national or EU law,

By anyone who has a direct, concrete and current interest,

Corresponding to a legally protected situation and related

To the document to which access is requested.

2. The right of access is exercised with reference to documents

administrative materially existing at the time of the request, and

held on the same date by a public administration, of which

Article 22(1)(e) of the law, with respect to

Of the authority competent to form the final act or hold it

permanently. The government is not required to develop

data in its possession in order to fulfill access requests.

 

Art. 3.

Notification to counterparties

1. Without prejudice to the provisions of Article 5, the public

administration to which the request for access is addressed, if

identifies counterinterested parties, referred to in Article 22,

paragraph 1 (c) of the law, is required to give notice to the

same, by sending a copy by registered mail with notice of

receipt, or electronically for those who have allowed

such a form of communication. The counterinterested parties are.

identified also taking into account the content of related acts, of

referred to in Article 7, paragraph 2.

2. Within ten days after receiving the notice referred to in the

Paragraph 1, interested parties may submit a reasoned

Opposition, including by electronic means, to the request for access.

After this period has elapsed, the government shall provide on the

request, having ascertained the receipt of the communication referred to in the

Paragraph 1.

Art. 4.

Request for access by public or diffuse stakeholders

1. The provisions on the modalities of the right of access set forth in the

these regulations shall also apply to persons with

diffuse or collective interests.

 

Art. 5.

Informal access

1. Where, based on the nature of the document requested, it does not appear

the existence of other parties, the right of access can be

exercised informally by request, including verbal requests,

To the office of the administration responsible for forming the act

concluding the proceedings or to hold it permanently.

2. The applicant must indicate the details of the document subject

of the request or the elements that would allow

The identification, specify and, where necessary, substantiate the interest

related to the subject of the request, prove your identity

and, where appropriate, its powers of representation of the subject

concerned.

3. The request, examined immediately and without formality, is

accepted by indication of the publication containing the

news, exhibition of the document, extraction of copies, or other

suitable mode.

4. The request, where it comes from a public administration, is

submitted by the office holder concerned or the person in charge

of the administrative process and is dealt with under

Of Article 22(5) of the law.

5. The request for access can also be submitted for the

Through the Public Relations Offices.

6. The government, if on the basis of the content of the

requested document finds the existence of counterinterested parties,

invites the interested party to submit a formal request for access.

 

Art. 6.

Formal access procedure

1. If immediate acceptance of the

request informally, or doubts arise about the legitimacy

Of the applicant, his identity, his powers

representative, on the existence of the interest on the basis of the

information and documentation provided, on the accessibility of the

document or on the existence of counterinterested parties, the administration

invites the interested party to submit a request for formal access, of which

the office issues a receipt.

2. The formal request submitted to administration other than

The one against which the right of access is to be exercised is from the

same immediately forwarded to the appropriate one. Of such

transmission is given notice to the person concerned.

3. The following provisions apply to the formal access procedure

contained in paragraphs 2, 4 and 5 of Article 5.

4. The access procedure must be concluded within the period of

30 days, pursuant to Article 25, Paragraph 4 of the Law,

Effective from the submission of the request to the relevant office

or the receipt thereof in the case governed by the

Paragraph 2.

5. Where the request is irregular or incomplete, the administration,

Within ten days, it shall notify the applicant with

registered mail with return receipt or by other suitable means

to prove its receipt. In such a case, the time limit for the proceedings

restarts from the submission of the correct request.

6. Responsible for the access process is the manager, the

officer in charge of the organizational unit or other employee

Employee of the unit responsible for forming the document or holding it

permanently.

Art. 7.

Acceptance of request and mode of access.

1. The act of granting the request for access contains.

An indication of the office, complete with the location, at which

address, as well as a reasonable period of time, however not

less than fifteen days, to view the documents or to

Obtain a copy.

2. The granting of a request for access to a document

also involves the right of access to other documents in the

same recalled and belonging to the same proceeding, made

subject to statutory or regulatory exceptions.

3. Document review takes place at the office indicated

In the act of granting the request, during office hours, to the

Presence, where necessary, of assigned personnel.

4. Documents on which access is granted cannot be

removed from the place at which they are given for viewing, or otherwise

Altered in any way.

5. Examination of documents is carried out by the applicant or person

by him in charge, with the possible accompaniment of another person

whose generalities should be specified, which should then be

recorded at the bottom of the request. The interested party may take

notes and transcribe all or part of the documents taken in

vision.

6. In any case, the copy of the documents is issued

subject to the payment of the amounts due under

Article 25 of the law in the manner determined by the

individual administrations. At the request of the person concerned, copies

Can be authenticated.

Art. 8.

Minimum content of the acts of individual administrations

1. The general organizing measures in Article 1,

Paragraph 2, specifically concern:

1. (a) the manner of filling out requests for access,

Preferably through the preparation of appropriate forms;

1. (b) the categories of documents of general interest to be published

in places accessible to all and services aimed at ensuring

Appropriate and simplified document search techniques, including with

The preparation of indexes and the indication of places of

consultation;

1. (c) the amount of fees and expenses to be paid for the

Issuing copies of documents that have been requested,

without prejudice to the responsibilities of the Ministry of Economy and

finances;

1. (d) access to information contained in instruments

IT, taking measures to safeguard the destruction,

accidental loss, as well as unauthorized disclosure. In

such cases, copies of the computerized data may be issued

On the appropriate media, where provided by the applicant, or by means of

Networking, where it exists.

Art. 9.

Failure to grant the request

1. The denial, restriction or deferral of access

formally requested shall be substantiated, by the person in charge of the

access procedure, with specific reference to the regulations

in force, to the identification of the categories referred to in Article 24

of the law, and to the factual circumstances why the request does not

Can be accepted as proposed.

2. Deferment of access is ordered where it is sufficient to

ensure temporary protection for the interests of which

Article 24(6) of the law, or to safeguard specific

needs of the administration, especially in the preparatory stage of the

measures, in relation to documents whose knowledge may

Compromise the smooth running of administrative action.

3. The act ordering the deferment of access shall indicate the

duration.

Art. 10.

Discipline of exclusion cases

1. Cases in which access is excluded are established by the

Regulations referred to in paragraph 6 of Article 24 of the law, as well as

With the acts adopted by individual administrations pursuant to the

Paragraph 2 of the same Article 24.

2. The power of deferral under Article 24, paragraph 4, of the

law is exercised in the manner set forth in Article 9, para.

2.

Art. 11.

Access Commission

1. In exercising supervision over the implementation of the principle of

full knowability of administrative action, the Commission for

access, referred to in Article 27 of the law:

1. (a) give opinions for purposes of coordinating the activity

organization of administrations in the area of access and for

Ensure the uniform application of the principles, on the acts that the

individual administrations adopt in accordance with Article 24, paragraph 2,

of the law, as well as, when requested, on those pertaining to

to the exercise and organization of the right of access;

2. (b) decide appeals under Article 12.
3. The government can acquire the opinion of the Commission for

access for the purpose of issuing the regulation referred to in

Article 24, paragraph 6, of the Act, its amendments and

Of the preparation of regulations otherwise pertaining to the right of

access.

3. At the Access Commission operates the archive of documents

concerning the regulation of the right of access provided

by Article 24(2) of the law. For this purpose, the subjects of

referred to in Article 23 of the Act shall transmit electronically to the

Access Commission the aforementioned acts and any of their subsequent

modification.

Art. 12.

Administrative protection before the Access Commission

1. The appeal to the Access Commission by the

Of the interested party against the express or tacit denial of access

or against the decision to defer access, and the

Appeal by the respondent against the determinations that

allow access, are transmitted by registered mail with notice

of receipt addressed to the Presidency of the Council of Ministers.

— Committee on Access to Administrative Documents. The appeal

can also be transmitted by fax or electronically, in the

Compliance with applicable laws, including regulations.

2. The appeal, notified to any other interested parties with the

manner set forth in Article 3, is submitted within the period of thirty

days from full knowledge of the contested measure or from the

Formation of silence rejection on the request for access. In

Fifteen-day period from the date of notification i

counterinterested parties may submit to the Commission their

counterclaims.

3. The appeal contains:
4. (a) the applicant’s generalities;
5. (b) the summary statement of interest in the appeal;
6. (c) the summary statement of facts;
7. (d) an indication of the address to which they should be received,

including by fax or electronic means, the decisions of the

Commission.

4. Attached to the appeal are:
5. (a) the contested measure, except in the case of an appeal of

silent rejection;

1. (b) receipts of mailing, by registered mail with

acknowledgement of receipt, of copies of the appeal to the respondents, where

identified already when submitting the request for access.

5. Where the Commission finds the existence of counterinterested parties, it does not

already identified in the proceedings, notifies them of the

recourse.

6. ((PERIOD DELETED BY D.L. JUNE 21, 2013, NO. 69, CONVERTED

WITH AMENDMENTS BY L. AUGUST 9, 2013, NO. 98)). The deliberations

Are adopted by a majority vote of those present. The Commission shall make a decision

Within thirty days of the filing of the appeal or the expiration of the

time limit referred to in paragraph 2. After this time limit has expired, the appeal shall be

shall be deemed rejected. In the event that the opinion of the

Data protection guarantor the deadline is extended

20 days. After these time limits have expired to no avail, the appeal is

Is intended to be rejected.

7. Commission meetings are not public. The Commission:
8. (a) Declares the belatedly filed appeal inadmissible;
9. (b) declare inadmissible the appeal brought by a person not

legitimized or otherwise lacking the interest provided for in Art.

22(1)(b) of the Act;

1. (c) declare inadmissible the appeal lacking the requirements of

in Paragraph 3 or any annexes specified in Paragraph 4;

1. (d) consider and decide the appeal in any other case.
2. The decision of inadmissibility or inadmissibility of the

appeal does not preclude the right to resubmit the request for access

and that of bringing the appeal to the Commission against the new

determinations or the new behavior of the person holding the

document.

9. The commission’s decision is communicated to the parties and the

person who adopted the challenged measure within the same

term referred to in paragraph 6. Within the thirty-day period, the person

who adopted the challenged measure can issue the eventual

Reasoned confirmatory measure provided for in Article 25, para.

4, of the law.

1. The regulations set forth in this article shall apply, insofar as

compatible, to the recourse to the ombudsman provided for in Art.

25(4) of the law.

Art. 13.

Web-based access

1. The public administrations referred to in Article 22, Paragraph 1,

(e) of the law, ensure that the right of access can

Also be exercised electronically. The mode of submission

Of the applications and their subscriptions are regulated

By Article 38 of the Presidential Decree.

December 28, 2000, No. 445, as amended, by the

Articles 4 and 5 of the Presidential Decree

February 11, 2005, No. 68, and by Legislative Decree March 7, 2005, No.

82, as amended.

Art. 14.

Transitional and final provisions

1. Except as provided for regions and local governments by the

paragraph 2, the provisions of these regulations shall apply to the

subjects specified in Article 23 of the law. The acts adopted by

such entities in effect on the effective date of this

Regulations shall be adjusted to the relevant provisions within one year of

that date. The right of access cannot be denied or deferred,

except in cases provided by law, as well as on a transitional basis in

those referred to in Article 8 of the Decree of the President of the

Republic June 27, 1992, No. 352, and to other acts issued under

to it.

2. Article 1 does not apply to regions and local governments,

Paragraph 2, Article 7, paragraphs 3, 4, 5 and 6, and Article 8, insofar as

not relevant to the essential levels of benefits concerning the

right to access that must be guaranteed throughout the

national territory under Article 117, second paragraph,

(m) of the Constitution and in accordance with the provisions of

by Article 22(2) of the law. The regions and local authorities

adapt the remaining provisions of these regulations to the remaining provisions of these regulations the

respective access regulations in force on the date of the

its entry into force, without prejudice to the power to adopt,

Within their respective areas of responsibility, the specific provisions and

organizational measures necessary to ensure in their respective

territories the essential levels of performance and to ensure

additional levels of protection.

3. Regulations governing the exercise of the right of access

Are published on public sites accessible by electronic means.

Art. 15.

Repeals

1. From the date of entry into force of these regulations are

Articles 1 to 7 and 9 et seq. of the Decree of the

President of the Republic June 27, 1992, no. 352. It is also

Repealed Article 8 of said decree from the effective date

Of the regulation referred to in Article 24(6) of the Act.

2. No new or

greater burden on the state budget.

This decree, bearing the seal of the state, shall be entered

In the Official Compendium of Legislative Acts of the Republic

Italian. It is incumbent upon everyone to observe it and to do so

observe.

Given in Rome, addi’ 12 April 2006

CIAMPI

Berlusconi, Prime Minister

of Ministers

See, the Chancellor: Castelli

Registered at the Court of Auditors on May 9, 2006

Institutional Ministries, register no. 5, sheet no. 147