Riflessioni in tema di trasparenza anche alla luce del diritto di accesso civico

Transparency principle has long since been considered a general criterion of the administration activity, but its rationale and implementation do not appear univocal. The traditional view finds its expression in the citizen’s right of access ex l.n. 241/1990, from the one hand, and in the duty of publicity which falls on public authorities, on the other hand. Both aspects aim at empowering citizens to understand public decision procedures, even in order to participate, and find clear limits in fundamental rights, such as the right of privacy. Meanwhile, the recent introduction of the Civic right of access seems to present a different (although compatible) concept of transparency, intended as a complete accessibility to the information concerning administration organization and activity, viewing in the transparency an instrument not of awareness and participation, but of citizens diffuse control