Il nuovo diritto alla trasparenza nel rapporto tra cittadino e pubblica amministrazione

Abstract

This dissertation explores the creation, following the more recent regulatory reforms, of a new legal framework for administrative access as the main instrument of citizens' “right to transparency” visà- vis the public administration. The main argument here is that the reforms have not ensure an effective transformation of the attitude and culture of Public Administration towards transparency. Consequently, changes can only be activated in the civic maturity of citizens and in the cultural move of civil servants and their leaders in the direction of changes. The dissertation deals with the concept of transparency in different experiences in the Western countries, which became a crucial reference point for Italy. Then, it frames it within Italy’s constitutional system, through a comparison with the fundamental principles inspiring public organization and administrative action. Finally, after a review of the constitutive elements of the right of access (which is the central instrument for transparency), it focuses carefully on its limits and its criticalities. The thesis ends with a section dealingwith the most relevant and important cases addressed by the jurisprudence, and with a section that focuses on cases alternative to denied access. The objective of the final sections is to provide a guide and an indispensable tool for operators and experts in the difficult and complicated management of the relationship between PA and citizen and therefore to explain why juridical forms thought as deflationary tools of the enormous load jurisdictional have proved to be very ineffective. [edited by Author]