La trasparenza amministrativa alla prova del test di proporzionalità. Il caso della pubblicazione in rete del reddito e del patrimonio dei dirigenti

Daniele Marongiu

2019-01-01

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Abstract

The mandatory publications on the web for the purpose of administrative transparency are disciplined in the italian legislative decree of March 14th 2013, n. 33. They have been the object of extensive discussions over the years, in which the opposition between the Legislator and the Privacy Au- thority emerged clearly. The Constitutional Court, with the judgement n. 20 of 2019, enters the debate through a lawsuit concerning the assimilation between holders of political offices and public managers in relation to the publication in the institutional websites of information about income and assets, of themselves and their family members. The Court declares the partial unconstitutionality of the rule, limited to non-top managers, but in the articulation of the judgement it provides considerations, elements and criteria that go beyond the specific case and regard the fundamentals of the regulatory framework on institutional transparency.