Dati, siti e servizi in rete delle pubbliche amministrazioni: l’evoluzione nel segno della trasparenza del decreto legislativo n. 235 del 2010

Translated title of the contribution: [Autom. eng. transl.] Data, sites and networked services of public administrations: the evolution in the sign of transparency of Legislative Decree no. 235 of 2010

Fernanda Faini

Research output: Contribution to journalArticle

Abstract

The paper deals with the regulations of the legislative decree n. 235/2010, which is aimed to modify and complete the rules of the previous legislative decree n. 82/2005 (namely, the "Digital Administration Code"), providing more effectiveness according to the inspiring principle of openness and transparency in the Public Administration, which is also combined with the need of giving the managers a proper sense of responsibility. This work investigates the regulations of the legislative decree n. 235/2010, which implements the proxy contained in the law n. 69/2009 and traces the modifications concerning the "magna charta" of the Italian e-Government. In a perspective of customers satisfaction, the purpose of such an adjustment is aimed to fulfil the needs of citizens and enterprises, which represent the Public Administration's "clients". The proposed analysis is specifically focused on the regulations contained in the three areas of intervention, where the administration's transparency reveals its essence and gains weight: availability and usability of public data, features and contents of institutional websites and online services. The paper studies the tools outlined in the above mentioned recent regulatory intervention and investigates the new aspect that the legislators have given to the internet side of the public administration via such a reform. Those regulations are investigated taking into account the documentation supplied with the legislative decree's scheme and the first contributions appeared in the doctrine. Indeed, through the years, the original code has undergone several changes, which are here examined in order to highlight their real effectiveness. In particular, a direct comparison between old and new regulations is proposed, in order to establish if a strong legal basis for the desired "total disclosure" of the public administration has been obtained, in accordance with the guidelines already contained in the legislative decree n. 150/2009. Therefore, the proposed analysis is aimed to verify if the conditions for a transparent public administration have been juridically outlined, coherently to the declared principles and aims, or if there is still room for improvements. The paper's conclusions show that, even if solid progresses along theroute leading to complete transparency have been obtained, several critical issues concerning the disclosure of the public administration still remain.
Translated title of the contribution[Autom. eng. transl.] Data, sites and networked services of public administrations: the evolution in the sign of transparency of Legislative Decree no. 235 of 2010
Original languageItalian
Pages (from-to)263-286
Number of pages24
JournalINFORMATICA E DIRITTO
VolumeXX, fasc. 1-2
Publication statusPublished - 2011
Externally publishedYes

Keywords

  • trasparenza
  • pubblica amministrazione
  • d.lgs. 235/2010
  • amministrazione digitale
  • dati pubblici
  • siti web istituzionali
  • servizi in rete
  • Codice dell'amministrazione digitale

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