News
General civic access and the burden for the instant to indicate the required documents
- 01/10/2019
With judgement of 2 September 2019 no. 6028, the Italian Consiglio di Stato, section III, has ruled on the right of access to administrative documents through generalized civic access.
Although there is no obligation to indicate the documents for which the exhibition is held, in the aforementioned judgment, the Italian Consiglio di Stato clarified that in order to obtain from the administrative judge the order of presentation of the requested documents, the interested party has the burden of indicating them.
In fact, neither the code, nor the Legislative Decree 33/2013, provides that the judge can order the inspection in a public administration with the sole purpose of searching for documents which are presumed to exist.
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