• Instance no. 15 of 2018

  • Instance type
    Generalized
  • Year
    2018
  • Number
    15
  • Date Instance
    25-10-2018
  • Site
    Avv. General Rome
  • Instance object

    1) act of governmental origin (Presidency of the Council of Ministers and/or Ministry of Foreign Affairs) which ordered the activation of the State Attorney's Office in civil trials - of cognition and/or execution - in which the state is a party on one side German and on the other the survivors of massacres or deportations, or their family members, or national or foreign bodies, for compensation for such crimes; 2) top act of the State Attorney's Office, probably in the form of a circular, with which following the act referred to in point 1) clarifications and instructions were given to the Attorney's Office itself, in its various aspects; 3) any other acts of government origin, or other acts of the State Attorney's Office, which have reiterated or clarified the act referred to in point 1) or that referred to in point 2).

  • Counter-interested presence
    No
  • Outcome
    DISCLAIMER
  • Measure date
    19-11-2018
  • Summary of reasons for partial acceptance or refusal

    Generic and unsuitable request to allow the identification of specific documents. The type of documents requested falls into the category of inaccessible documents in cases of secrecy or prohibition on disclosure provided for by the law pursuant to art. 2 of the Prime Ministerial Decree of 26 January 1996, n. 200.

  • Date of submission request for review
    07-12-2018
  • Review outcome
    PARTIAL WELCOME
  • Date of the review measure
    04-01-2019
  • Review - Summary of the reasons

    Review - Summary of the reasoning : The link to the publication of 2 Circulars of the Attorney General concerning actions for compensation for damages for events that occurred during the Second World War has been communicated in light of the decision of 3/2/2012 of the Court of The Hague. Documents originating from the government cannot be demonstrated as they are covered by professional secrecy (ex articles 622 of the criminal code and 200 of the criminal code) falling within the cases of absolute exception referred to in paragraph 3 of the art. 5 bis of Legislative Decree no. 33/2013.

  • Date of communication of the provision
    24-01-2019
  • Outcome of the appeal
    REJECTED