Current trends of the principle of transparency and the right of access to administrative documents

Abstract

The article focuses on recent developments of the principle of transparency in Italian jurisdiction law, in relation to the needs that arise in European Law. In this regard, the provisions of the Italian reforms in recent years are examined. Even if with some difficulties, they are aimed at defining, developing, and providing substance to the principle of transparency. Transparency is increasingly essential in the activity of public administration for its fundamental role in the protection of individuals, and as an instrument to fight corruption, also enhancing forms of cooperation between citizens and public administration. Accordingly, the critical points of the legislation are considered, in particular the absence of agreement between the new right of access, so-called in Italian “diritto di accesso civico generalizzato” (introduced in 2016), and the pre-existing types of right of access to documents of the public administration. There are three types of right of access in the Italian legislation: the first provided in 1990, the second in 2013 and the third in 2016. Each of these are unique in terms of their conditions and features. The situation has resulted in an overlap of norms and difficulties in the legal regulation of various types of jurisdiction. The paper analyzes the European provisions, also considering the debate on the possibility of a codification of a European administrative proceeding. In this way, one can see the symmetries and the needs in the different legal systems, in search of a balance between the methods of making administrative decisions and the protection of citizens’ rights.