Decisioni amministrative e interessi pubblici sensibili: le nuove regole sulle trasparenza

The article deals with new open government regulation in Italy, focusing on the public administration’s decision-making processes. After drawing a distinction between two types of the so-called “civic” right of access included in Legislative Decree no. 33/2013, the main legal issues characterising the new regulation are addressed: namely, the vagueness of the constraints imposed on the new “civic” right of access; the issue of “massive” requests for documents and information; and, finally, the constitutional concerns raised by the power of the Italian National Anti-Corruption Authority (ANAC) to enact guidelines limiting and excluding the civic right of access. The final section of the article proposes some procedural and organisational solutions to overcome the issues mentioned above.