• Application n. 19 of 2019

  • Instance type
    Generalized
  • Year
    2019
  • Number
    19
  • Date Instance
    11-11-2019
  • Site
    Avv. General Rome
  • Instance object

    Issue of an authentic copy of the following documents: the minutes of the meeting and the documents produced or processed by the State Attorney's Office, relating to the assessments it carried out starting from 6/12/2018, also in the Advisory Committee, with reference to the application of the rule referred to in article 9 paragraph 4 second sentence of the Law Decree of 24 June 2014, n. 90, converted with amendments by Law 11 August 2014, n. 114 (in the formulation in force until 31/12/2017) and the criteria for access to the scholarships provided for by the same; - to know the information in the possession of the State Attorney's Office, with reference to the application of the rule referred to in article 9 paragraph 4 second sentence of the Law Decree 24 June 2014, n. 90, converted with amendments by Law 11 August 2014, n. 114 (in the formulation in force until 31/12/2017) and the criteria for access to the scholarships provided by the same.

  • Counter-interested presence
    No
  • Date of submission request for review
    17-01-2020
  • Review outcome
    REJECTED
  • Date of the review measure
    30-01-2020
  • Review - Summary of the reasons

    Since the requests for opinion being examined by the Advisory Committee are configured as an expression of the institutional functions referred to in art. 13 of the RD 30/10/1933, n. 1611, even if exercised against the same State Attorney for the activities in which it acts as an active administration, and the consultative activity in question relates to matters potentially subject to litigation, as such removed from access pursuant to art. 2, paragraph 1, lett. a) of the Prime Ministerial Decree of 26 January 1996, n. 200, according to which «Pursuant to art. 24, paragraph 1, of the law of 7 August 1990, n. 241, by virtue of the professional secrecy already provided for by the law, in order to safeguard confidentiality in the relationship between the defender and the defendant, the "opinions rendered in relation to potential or ongoing litigation and the inherent correspondence" are withdrawn from access ", rule that falls within the cases of absolute exception referred to in paragraph 3 of art. 5 bis of the legislative decree n. 33/2013, as confirmed by the sentence of the Lazio Regional Administrative Court, Section I, 25 June 2019, n. 8264, the application was rejected.