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Access to administrative documents (“documentary access”)

The right of access to administrative documents, provided for in article 22 et seq. of Italian Law 241/1990, consists in the right of interested parties to view and make copies of administrative documents.

It is granted to all private persons, including those with public or collective interests, who have a direct, concrete and current interest, corresponding to a legally protected situation and linked to the document for which access is requested.

By administrative document we mean any graphic, photo-cinematographic, electromagnetic or other representation of the content of acts, even internal or not related to a specific procedure, held by a public administration and concerning activities of public interest, regardless of the public or private nature of their substantive regulation (art. 22(1) of Italian Law 241 of 1990).

The right of access is exercised in relation to the administrative documents materially existing at the time of the request and held at that date by the Administration, which is not obliged to process data in its possession in order to comply with requests for access. Moreover, the right of access may be exercised for as long as the Administration is obliged to hold the administrative documents for which access is requested.

Information held by an Administration not in the form of an administrative document shall not be accessible, and requests for access aimed at generally controlling the work of the public administration are not admissible.

Consulting documents is free of charge, whereas issuing copies is subject to reimbursement of the cost of reproduction and research and payment of stamp duty in the cases and to the extent provided for by law.

The request for access to documents must be reasoned and must be addressed to the Administration that drew up the document or that holds it permanently, and must be made in the manner and in compliance with the limits set out in art. 24 of Italian Law 241 of 1990.

In addition to attaching any documentation attesting to the applicant's representative powers, the request must include the applicant's personal details (complete with address and telephone number, and details of the ID document), an indication of the document requested and any element useful for its identification, the reason for access, and whether the applicant needs to access it merely to view it or to extract a copy of the document requested, as well as the date and signature.

The application may be sent electronically to the certified email address (PEC) of the University (scriviunibo@pec.unibo.it) or to the institutional e-mail address of the competent office, as well as by post or by fax, or delivered in person to the office that drew up the document or holds it permanently or to the Protocol Office or Public Relations Office (UPR). For the e-mail addresses, fax numbers and locations of the relevant offices and structures, please consult the link at the following page: organisational set-up for the prevention of corruption and transparency (in Italian).

The request for access must be signed by hand by the applicant, annexing a copy of an identity document, unless it is signed digitally.

In “Downloadable Documents”, you will find a form to be filled out in order to submit to the University a formal request for access, according to the procedures and terms described above.

If the request is irregular or incomplete, within 10 days of receipt the Administration shall notify the applicant by registered letter with return receipt or by another suitable means of proving receipt. In this case, the deadline for the proceedings starts from submission of the corrected request.

If the Administration identifies any possible objectors (i.e. third parties who, on the basis of the nature of the document requested, would see their right to confidentiality compromised by any access thereto), it is required to notify them by sending them a copy of the request by registered letter with return receipt or by electronic means. Within 10 days of receipt of said notification, the objectors may submit a reasoned objection, also by electronic means, to the request for access. After this period has elapsed, the Administration shall proceed with the request, having ascertained receipt of the notification by the objectors.

The access procedure must be concluded within 30 days of submission of the complete request by the applicant.

In the event of denied or deferred access, the applicant may lodge an appeal at the Regional Administrative Court pursuant to Article 116 of the Italian Code of Administrative Procedure (Leg. Decree no. 104/2010) or at the Commission for Access to Administrative Documents pursuant to Article 25(4) of Italian Law 241 of 1990.

For further information, please see the legislation on access provided below and the Regulations on the Right of Access to the Administrative Documents of the Alma Mater Studiorum - University of Bologna.

Applicable regulations:

Italian Law no. 241 of 7 August 1990, as amended; (New rules on administrative procedures and the right of access to administrative documents), Chapter V Access to administrative documents, Art. 22 et seq;
Italian Presidential Decree No. 184 of 12 April 2006 (Regulation on access to administrative documents), Art. 1 et seq;
Italian Leg. Decree No. 104 of 2 July 2010 (Implementation of art. 44 of Law no. 69 of 18 June 2009, delegating the government with the reorganisation of the administrative process), art. 116;
Italian Leg. Decree No. 50 of 18 April 2016 (Public contracts code), art. 53;
Regulation on the right of access to administrative documents of the Alma Mater Studiorum - University of Bologna approved by R.D. no. 378 of 10/03/2008