| Italy: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 85 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: References: Law 241/1990, arts 22-28. Art. 22: In order to ensure the transparency of administrative activity and to foster the fair activity, the access to administrative documents is guaranteed to anyone who has legitimate interest to protect his right. Art. 2 of the Decreto del Presidente della Repubblica n. 184/2006 "Regulation on Access to Administrative Documents"
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: This is the general right to act against breaches of individual rights. References: Art 24 of the Constitution Art. 24: Everyone can take judicial action to protect individual rights and legitimate interests. Decreto del Presidente della Repubblica n. 184/2006 "Regulation on Access to Administrative Documents"
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: References: Art.s 5-7 of the Decreto del Presidente della Repubblica n. 184/2006 "Regulation on access to administrative documents"
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: There are no studies at national level about the time period to get answers. Law 241/90 sets the normal time limit for the public administration at 30 days, plus other 30 in case of requests of clarifications. In general, though, there is a set of information that is immediately and freely available, also through websites. Other information, sometimes more complex or that requires the use of discretionary powers of public administration, may require more time (e.g. a building license). Also the staff of public offices can affect the time period: in general, some public administration offices are quite efficient, while others are much slower in reacting to citizens' requests. References: [ LINK ]
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: Copies are available for the cost of photocopying. References: [ LINK ]
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: For 2006, appeals took from 12 days to one year (one case). References: [ LINK ]
Peer Review Comments: Italian public administration is affected by slowness and inefficiency causing delays and waste.
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: The appeals to the Commission to obtain administrative documents is free. References: [ LINK ]
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: The reports of the Commission for the access of administrative documents (Commissione per l'accesso agli atti amministrativi) contain the proceedings of the Commission on the requests (both from public administration or citizens) of access to public documents, usually against the denial of access. References: [ LINK ]
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