It concerns the right to view and have a copy of the administrative documents. HOW DO YOU REQUEST ACCESS TO THE DEED? The request for access to administrative documents must be submitted by the interested party directly to the administration that has formed the document or who holds it permanently. The administrations tend to use a specific form.
The request for access:
– must be motivated and therefore must specify and, where necessary, prove the interest connected to the object of the request;
– must contain the details of the document subject of the request or the elements to permit identification of same;
– must specify the identity of the applicant;
– can also be submitted through the Public Relations’ Offices;
Whenever, based on the nature of the document requested, there is no existence of any opposing parties, the right of access can be exercised informally through a request, also verbal, to the office of the competent administration to form the final act of the procedure or to hold it permanently.
Formal access is required in the following cases:
– when doubts arise on the legitimacy of the applicant, on his identity, on his representative powers;
– when doubts arise as to the existence of interest on a par with the information and documentation provided;
– when doubts arise about the accessibility of the document;
– when the presence of opposing parties cannot be immediately excluded.
If the request is irregular or incomplete, the administration, within ten days, shall notify the applicant by registered letter with return receipt or by other means suitable to prove receipt. In this case, the term of the procedure starts from the submission of the correct request. The deed of acceptance of the request for access:
– contains an indication of the office, complete with address, where to contact;
– assigns a reasonable period of time, in any case not less than fifteen days, to view the documents or to obtain a copy;
– if the applicant does not exercise his right during the aforementioned period of time he will have to file a new application.
Regarding the examination of documents:
– takes place at the office indicated in the deed of acceptance of the request, during the opening hours of the office itself and in the presence, if necessary, of staff;
– the administrative documents to which access is allowed cannot be altered in any way and cannot be removed from the place where they are viewed;
– the examination of the documents is carried out by the applicant or by a person appointed by him, with the possible accompaniment of another person whose general details must be specified, which must then be recorded at the bottom of the request; – the party concerned can take notes and transcribe all or part of the documents examined;
– involves a reproduction cost (the amounts of which are established by the individual administrations) only if a copy is requested. The simple viewing is, however, free.
Regarding the conclusion of the access process:
– the access procedure must be completed within thirty days from the submission of the request to the competent office;
– in case the application is irregular or incomplete, the administration can interrupt the aforementioned term which will begin to run from the submission of the correct application.
– Silent refusal is foreseen, in fact the request for access is refused if the thirty days have passed unnecessarily;
– the acts of denial, deferment or limitation to the exercise of the right of access must be motivated.
Who to contact for access to the documents of the PA(Public Administration): URP (Public Relations Office) or person responsible for the procedure.