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Home » Archive » The Reform Of Legislative Decree No. 33/2013 In Italy: A Double Track For Transparency

Marco Lunardelli
The Reform Of Legislative Decree No. 33/2013 In Italy: A Double Track For Transparency
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This Article is aimed at analyzing the evolution of the concept and regulation of transparency in the Italian public administration, especially in light of the amendments brought to the so-called transparency decree by Legislative Decree No. 97/2016. Since the first interpretations of the concept of transparency were advanced in literature, scholars have pinpointed various instruments related to administrative activity that are capable of implementing transparency. The main ones are publicity and access to records. As far as the former is concerned, the concept of transparency has a broader meaning than publicity, which in recent years, has been embodied mostly by obligations of publications established by legislative provisions. As for the latter, the 2016 reform of transparency decree marked the passage from restricted to generalized access. However, traditional access – the one provided for by Law No. 241/1990 – is still effective. Furthermore, the scope of exceptions to the new right of civic access has not yet been defined clearly. Therefore, the Author suggests caution about arguing that the 2016 reform of transparency decree resulted in the adoption of an actual freedom of information act in the Italian legal system.

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