• Instance no. 5 of 2019

  • Instance type
    Generalized
  • Year
    2019
  • Number
    5
  • Date Instance
    20-02-2019
  • Site
    Avv. General Rome
  • Instance object

    Details of the question posed to the State Attorney General by the Director General of the Department of Judicial Organisation, Personnel and Services - General Directorate of Material Resources and Technologies Ministry of Justice with reference to the execution of the TAR Lazio Sect. I^ n. 2329/2018, and precisely: 1) date of receipt of the request for opinion; 2) form of the request; 3) protocol number; 4) current state. CT 2424/18

  • Counter-interested presence
    No
  • Outcome
    DISCLAIMER
  • Measure date
    15-03-2019
  • Summary of reasons for partial acceptance or refusal

    Pursuant to the combined provisions of the articles. 5 bis, co. 3 Legislative Decree 33/2013 and art. 2 Prime Ministerial Decree 01/26/1996 n. 200, correspondence between the sponsored Administration and the State Attorney's Office regarding a potential or ongoing dispute is excluded from the generalized right of civic access.

  • Date of submission request for review
    20-03-2019
  • Review outcome
    REJECTED
  • Date of the review measure
    10-04-2019
  • Review - Summary of the reasons

    The denial of access requested with a request dated 20 February 2019 and reiterated with a request dated 20 March 2019 is confirmed as the disclosure of information concerning the times and methods of the appeal by a sponsored Administration to the legal advice of the State Attorney's Office and the processing of the latter of the consultancy requested would imply a violation of the confidentiality of the relationship between the defender and the defended and a compression of the institutional function of legal protection attributed exclusively to the Institute, even more so in the case in which the consultancy is provided pending a judgement. .