Sull’applicabilità del rito sul silenzio in tema di accesso civico generalizzato. Prospettive di estensione dei poteri istruttori del giudice per una tutela effettiva

Abstract

The social relevance of the public administration's obligation to provide expressly is particularly significant in institutions of access to documents, data and information of the public administration.
These institutes have evolved and have achieved, with the latest tool of generalized access, the consistency of democratic supervision of the principle of transparency which presupposes a continuous comparison and an almost osmotic and circular exchange of information between public and private and, therefore, the duty of the administration to respond promptly and expressly to the related requests. In doctrine and jurisprudence, the problem has arisen on the ritual to be carried out, or whether the illegitimacy of the administration's inaction is to be asserted with an appeal against silence, pursuant to articles 117 and 31, paragraph 3 of the c.p.a., or with the access ritual, governed by art. 116 c.p.a., which the law, however, explicitly provides only for the express provisions. Starting from the discipline of silence and the remedies against the silence of the administration, from which to isolate some elements useful for the investigation, the debate that has strongly characterized this matter in relation to civic access and has seen the orientation of apply the ritual of silence rather than that of access to the case in question, to try to provide, in the conclusions, food for thought for future interventions by the legislator aimed at ensuring the

best possible protection.