BILL

SAN MARINO



We the Captains Regent of the Most Serene Republic of San Marino


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on September 29, 2011:


LAW 5 October 2011 Ranked # 160


LAW ON ADMINISTRATIVE PROCEDURE AND ON ACCESS TO ADMINISTRATIVE DOCUMENTS




TITLE I PRINCIPLES AND GENERAL PROVISIONS


Art.1 (Scope)

1. Bodies, offices, departments, agencies and autonomous agencies of the state are responsible for
realization of public interest purposes established by law in respect of rights and taking into account the interests of private individuals
according programs and directives approved by the State Congress for
achievement of the objectives it set. To this end, the administrative action, as well as
comply with the criteria of legality, impartiality and efficiency, is carried out with operational autonomy and management responsibilities according
advertising criteria, effectiveness and economy. In particular, the
This law implements the principles and provisions contained:
a) in Article 3, paragraphs 14 and 15 in Article 14 of the "Declaration of the rights of citizens and of fundamental principles
San Marino's legal order;
B) in Article 2, paragraph 1, letter b of the Constitutional Law of 15 December 2005 n.183;
C) Article 16 of the Qualified Law 15 December 2005 n. 184;
D) Articles 1 and 5 of Law 31 July 2009 n. 105.
2. This Act applies:
a) Public Administration understood as the whole complex of organs, offices, services,
companies and autonomous bodies of the State, otherwise known as Directors;
B) persons "concerned", ie recipients of administrative decisions affecting a
subjective legal situation that they own. 3
. The provisions of this Act shall also apply to the Administration and to persons public or private
that provide a public service, to the extent compatible, and
subject to special rules.
1
4. The Administration, if it is not required to comply with specific rules governing individual
proceedings, carries out its action under the provisions of this Act. The provisions

2 of this law still integrate, if necessary, and mutatis mutandis of the individual proceedings
disciplines.
5. The provisions of this Act shall not apply:
a) court proceedings;
B) acts of nature is not authoritative, for which they apply the rules of private law;
C) acts arising from a particular process governed by special rules;
D) the regulatory acts;
E) to instruments for political content;
F) acts in general content, planning and programming.


Art.2 (General principles)

1. In relations with citizens, the Administration, in addition to complying with the criteria laid down in Article 1
, adheres to the principles of good faith and transparency, refraining from any
arbitrary act and any superfluous formalism , may make it more burdensome unnecessarily
proceedings.
2. The Board exercises its discretion in the cases and within the limits established by
law, according to the criteria of objectivity, reasonableness and proportionality, and so
consistent with the purpose for which the discretion conferred on it, It should adopt
appropriate measures under the circumstances. The Board shall take its action to
realization of the general interest, refraining from conduct aimed at ensuring to any undue advantages
. 3
. If the number of those concerned, personal communications, publications and
notifications are not possible or are particularly severe, the Directors shall
disclose the necessary elements through appropriate forms of publicity from time to time established | || Administration it.

Art. 3
(cooperation and collaboration between Administrations)

1. The relationships between the agencies, offices, services, companies and institutions of the State are expressed
accordance with the principles of cooperation and collaboration in respect of their respective
skills, for the purpose of more effective performance of the functions and the most economical and
efficient delivery of services to citizens.


Art.4 (use of IT and electronic tools)

1. In the exercise of its functions, for a more efficient operation of the Company

Administration uses, both internally between the various offices, organizations and companies, both private
, techniques and electronic media, computer and data, to the extent permitted by applicable law
.


Art.5 (Obligation to provide)

1. The Administration is required to complete a process with the adoption of an express measure
case of a duty, that is, its output is required under the law
. Which processes may be:
a) initiated at the request of the "interested parties", as defined in Article 1, paragraph 2, letter b);
B) initiated ex officio.
2. If a process becomes extinct for revocation or forfeiture of the act of beginning, renunciation
the requesting party or for any other cause provided by law the measure will consist
3
extinction in the declaration indicating the fact or act or circumstance that has determined
and the applicable rules.


Art.6 (Terms)

1. The maximum period within which the measure must be adopted in accordance
Article 5, paragraph 1 shall be fixed by law or by the regulatory provisions of each
proceedings.
2. If it is not determined in advance, pursuant to paragraph 1, the maximum term
within which it must be taken the decision in accordance with Article 5, paragraph 1 is ninety days
. The period begins on the date notified by the commencement of proceedings by the Administration competent
. 3
. The period referred to in paragraph 1 or paragraph 2 shall be suspended in the following cases:
a) where the proceeding office, for the adoption of the measure, necessarily
acquire, from another office of ' administration or by specific entities, opinions, reports,
technical assessments or information reports;
B) when the prosecuting office considers appropriate to acquire certifications relating to facts, situations or quality
not attested in documents already in its possession or not directly available from other
Administration Offices;
C) where necessary or appropriate to require the parties concerned documents, information,
details or elements of judgment in determining the content of the measure
;
D) it is necessary to require the parties concerned to supplement the application or documentation produced
in order to remedy formal irregularities which are liable to determine its admissibility.
4. The period referred to in paragraph 1 or paragraph 2 shall be suspended until the acquisition of the requirements
in the cases referred to in paragraph 3, letters a), b), c) and d), or until the expiry of the deadline
assigned to interested parties in the cases referred to in paragraph 3, c) and d). In any case, the suspension will not
may exceed three months from the date of submission of requests pursuant to paragraph 3. Failure
of the period of amnesty formal irregularities in accordance with subparagraph d) of paragraph 3 determines the
decline in demand, without prejudice to the right to submit a new one as long as no
any binding terms have expired.

Art. 7
(Silence. Postponement)

1. Except in cases where, in cases at the party's request, the silence requested
Administration extended beyond the terms of Article 6 it is considered to express
statutory provision as the instance upheld, against the omission Administration
behavior extended beyond those terms apply Article 10, paragraph 2, of the Law
28 June 1989 n. 68.



TITLE II BEGINNING OF THE PROCEEDING. PARTICIPATION

Art. 8
(start of the proceedings Modi)

1. The administrative proceedings may be initiated ex officio or at the request of one of the subjects
"affected" within the meaning of Article 1, paragraph 2, letter b).
2. The application initiates an administrative procedure governed by the rules of this law
only when those who propose it has a right or a legitimate interest in having issued an order
.
4

Art. 9
(the procedure Start)

1. The Administration decides when to start an office administrative procedure on the basis of adequate
discretion.
2. The Administration is still required to ex officio proceed whenever
should adopt a measure in implementation of a law or regulation.

Art. 10
(Presentation of instances)

1. Any direct application to the Public Administration must be submitted or sent in written form
, unless special provisions provide a different form, the competent body to issue
the measure.
2. Unless the law does not require the formation of a specific verbal, of applications is taken

known and is the receipt issued directly into the hands of the moment or by registered mail with return receipt
if the application is sent by post. 3
. Do not issue a receipt:
a) when the measure requested is issued immediately;
B) when the application shall be served by a bailiff.
4. When the application has been sent with the forms and rules referred to in paragraph 5, it is not
mandatory grant of receipt.
5. Unless the law provides otherwise, the shipment of the instances referred to in paragraph 1
may be performed by post, by registered mail with return receipt or electronically or by fax
, based on the actual regulations. The shipment electronically equivalent to
delivery by mail if it is performed in the manner and form provided by Article 3 of Law
20 July 2005 n. 115, in view of the Decree 8 September 2005 n.
156 and in compliance with applicable rules on the transmission electronically.

Art.
11 (Representation)

1. Interested parties may submit their claims including through one or more
representatives. In such a case, the authorization must be issued in writing.
2. The delegation gives the representative the right to represent the person concerned in the deal
discussion in effect, unless the law provides otherwise.

Art. 12
(start of the proceedings Communication)

1. Except in cases provided for in Article 14, paragraph 3, the Administration processing ex officio or at
proposed other authority is required to give notice to "interested parties" in Article 1, paragraph
2, letter b) and to the entities referred to in Article 14, paragraph 2, if identified or easily identifiable
.
2. For proceedings at the request of part of the delivery or sending the received instance to
Article 10 is the communication of the proceedings.

Art. 13
(Form and content of the communication)

1. The Administration communicates the start of the proceedings by registered mail with return receipt
.
2. In the communication should mention:
5
a) the competent administration;
B) the purpose of the procedure at which it begins;
C) the office and the person responsible for the procedure;
D) the date from which the deadline for the conclusion of the proceedings and remedies in the event of inaction
Administration;
E) in proceedings in partisan initiative, the date of submission of the application;
F) the office where you can examine the files. 3
. The total or partial failure of the communication referred to in this article may be made
rely exclusively from interested parties.
4. The particulars referred to in paragraph 2 may be included in the instance received.
5. When you do not issue a receipt in accordance with Article 10, paragraph 3, except for the case referred to
letter a) of the same paragraph, the Administration needs to send a
communication as soon as possible containing the information specified in in this Article, paragraph 2.

Art.
14 (Participation)

1. Unless otherwise provided, if the rules of this Title
office procedure apply only where the proceedings involve the adoption of measures that
they affect a right or a legitimate interest of the recipients.
2. The Administration shall take all measures necessary to ensure that in proceedings subjects
"affected" within the meaning of Article 1, paragraph 2, letter b), may participate in the related
cases for the purposes of the most complete realization and protection of their individual rights and legitimate interests
. Similar measures adopted in the official proceedings against persons referred to in paragraph 1 of this Article
. The Administration also make eligible subjects
stakeholders, including public and spread, against whom the measure may cause
injury. In any case, the possible non-participation does not affect the continuation of
proceedings. 3
. The provision of paragraph 2 shall not apply in the following cases:
a) if there are reasons arising from particular requirements of procedural rapidity;
B) when the proceedings are linked to survey activities for the identification and suppression of illicit
criminal, administrative, tax, customs or currency or otherwise
arising from the violation of the law or regulations;
C) when the application would undermine the effectiveness of controls, inspections and
of the sanctioning;
D) where the application would undermine the internal public order, public security
or international relations;

E) in all proceedings in which the participation is governed specifically by special rules
.
4. The Administration has the power to take precautionary measures even before
to have given notice to interested parties of the proceedings.
5. Individuals who participate in proceedings relate their behavior to
good faith and fair and in any case on criteria that will not interfere or hinder or delay the good
conduct and efficiency of administrative action.

Art.
15 (Rights of the parties involved)

1. Subjects who can take action under Article 14 are entitled:
a) to know the status of the proceedings;
B) to inspect the records of the proceedings and to take copies of them, except as provided in Article 30
;
C) to submit comments or proposals in writing or in hearings and attach documents
.
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2. The Administration is not required to accommodate requests for a hearing
manifestly spurious, vexatious and repetitive. 3
. The Administration has an obligation to consider the acts referred to in paragraph 1, letter
c) assessing its relevance. Article 18.
applies


TITLE III POWERS AND RESPONSIBILITIES OF THE PROCEDURE AND THE MEASURE

Art.
16 (Competence, responsibility and identification processes)

1. If otherwise it is not provided by specific laws governing individual
process, each of the public sector manager is responsible for the adoption of
administrative measures necessary for the accomplishment of the mission and functions of protection
and realization of the public interests for Organisational Unit of which he is a
leadership, and is responsible for the preliminary investigation of the related proceedings and any other related
fulfillment.
2. The single administration organizational units and individual institutions shall
identify measures and the related procedures under their responsibility.
The Directorate General of Public Administration and the General Authorities prepare and update a special
table with the names of such measures and related processes on the basis of
guidance provided by the individual organizational units / entities. 3
. The table is made public and made available to the public in updated form at
each organizational unit and body and in the relevant websites and the website of the General Direction of Public Function
.

Art.
17 (Responsibility of the proceedings)

1. Executives of public sector and staff on duty, which are responsible
the adoption of administrative measures or contribute in any form, by virtue of their
office, the performance of the related proceedings are personally responsible for actions or omissions relevant
for the good performance of the business negotiations within their competence or entrusted to them are
; they adopt the appropriate measures to remove obstacles that prevent,
make it difficult or delay the full exercise of the rights of the persons concerned or the protection of their legitimate interests
, providing what is necessary to prevent or remedy any irregularities in the || | handling of proceedings. They shall refrain from action in view of his personal interest and
from using the prerogatives of their office in the private interest of individuals or groups of individuals
, in order to obtain a personal interest, directly or indirectly ; in particular, they
refrain from any kind of behavior aimed at obtaining an undue advantage to carry
or omit acts comply with their duties or perform acts contrary to their office.
2. The Competent Manager, pursuant to paragraph 1 of Article 16 shall as soon as possible to assign
within the organizational unit of competence responsibility of
investigation of each individual case and possibly of the measure undertaken.
The Manager may at any time revoke the assignment. 3
. The assignment pursuant to paragraph 2 or it may be lifted is given immediate notice
parties concerned under Article 14, paragraph 2.

Art. 18
(the head of the procedure functions)

1. The head of the procedure:
a) assess the eligibility conditions, the legitimacy requirements and relevant conditions for
7
the adoption of the measure;
B) carries out its own motion or at the request of the necessary initiatives to establish the facts on which it is based
instance, placing the preliminary activities useful. In ascertaining the facts he takes into
It
considers and examine all the circumstances which may be relevant for the discussion of
procedure, regardless of whether they are for or against the persons concerned;
C) may require the issuance of statements and the adjustment of the statements and instances
erroneous or incomplete;
D) performing, when necessary, technical assessments or checks, and
requires the submission of documents;
E) listens to the speakers of the facts relevant to the decision, as appropriate
taking into account the nature of the measure undertaken;
F) handles relations with all stakeholders to measure and performs communications,
publications and notifications provided for by the laws and regulations;
G) adopt the final measure if he is competent, that the proposed formula
measure through its own analysis and transmits the acts preparatory to the competent authority
for adoption.
2. The competent authorities for the adoption of the final measure, if different from
responsible for the procedure, if it differs from the findings of the preliminary investigation and the
draft resolution formulated in accordance with subparagraph g) of paragraph 1, must provide an explanation
in the final measure. In any case, the same authority can always request an additional investigation activities
view of the time within which it must be taken the decision in accordance with Article 6.


Art. 19
(documents held by the authorities)

1. The head of the procedure acquires office documents attesting acts, facts, states and
personal qualities necessary for the investigation activities of the procedure when they are in possession
Office proceeding, or are held by other offices of ' Administration. The public managers
services access to administration data based on rules established by Decree
Chief. The investigating office may require the parties concerned only the elements needed for research
documents.
2. The head of the procedure ensures office the facts, acts, states and qualities Personal
that the same office or other proceeding Administration Office is required to certify. 3
. Shall apply, mutatis mutandis, the provisions on administrative documentation
.

Art. 20
(Announcements and technical assessments)

1. If an Administration's Office is competent to express an opinion via mandatory
, it is obliged to release within a maximum period of thirty days from the date of receipt of the request
or more quickly in an emergency.
2. If the opinion is requested on a voluntary basis, the Administration office to which the opinion was requested
must immediately notify the office requesting the period within which will make
opinion. 3
. In the case of useless time-limits referred to in paragraphs 1 and 2, the requesting office can also
proceed in the absence of the opinion requested, unless the office must release it
requires, for once , an extension of the term of no more than fifteen days to
investigative needs.
4. If an Administration's Office is competent to express a valuation technique
whose acquisition is necessary for the adoption of a measure, it is required to release
within thirty days from the date of receipt of the request.
5. The office must issue a technical assessment pursuant to paragraph 4 may,
8
for one time, a prolongation of the time period not exceeding fifteen days to need
investigations. In the case of expiration of the period referred to in paragraph 4, or the extended deadline
referred to in this paragraph, the prosecuting office may require technical assessment of an entity
public or private, preferably at the university level, also not San Marino, which is equipped with
equivalent technical qualification and ability to that first seized office.

Art. 21
(Motivation of measures)

1. The competent authorities for the adoption of the final measure must ensure that the measures taken
are properly motivated in accordance with Article 22.
2. In the grounds are set out the considerations of law and fact, and the evaluations of an administrative or technical nature
that led to the administration's decision. 3
. If the decision is based on the basis of reasons that are by acts administrative
recalled in the provision, with the communication of this must be indicated
also recalled that the act must be made available in accordance with the provisions of this | || law.

Art.
22 (Obligation to state reasons)


1. The subjects "concerned" within the meaning of Article 1, paragraph 2, letter b), they have the right to promptly
know the reasons of administrative measures that affect them when
these are likely to affect strictly on its legal situation . Those who are
allowed to participate in the administrative procedure under Article 14, paragraph 2
can apply the reasoning of a competent Administration Act.
2. Administrative measures, referred to in this Act, shall be justified in written form

under Article 21. 3. For acts bound is sufficient information on the regulations under which the
measure is adopted and the conditions to which such standards relate the necessary
adoption of the measure.
4. By way of exception it is valid the measure can not be justified because of the urgency
provided that the urgency reasons are indicated in the same decision.
In this case, the office that has taken the decision must be forwarded to the person concerned the motivation
of the order no later than thirty days after its adoption. The period for challenging
remain suspended until the date of receipt by the individual motivation and still
no more than thirty days.

Art.
23 (Administration Obligations for attributive measures of economic benefits)

1. Grants, contributions, grants and financial aids and the assignment of
economic benefits of any kind are subject to predetermination by
administrations who have the competence of the criteria and modalities to which they must adhere.
2. The effective compliance with the criteria and rules referred to in paragraph 1 shall be by individual measures
attribution of the economic benefits provided for in this Article.

Art. 24
(formal Compliance)

1. The measures shall be communicated to "interested parties" in Article 1, paragraph 2, letter b),
and must indicate the date by which they can be eventually challenged
and the authority to which it is possible recourse.
2. Unless the law provides otherwise, the communication referred to in paragraph 1 shall be expressed
9
by mail, by registered mail with return receipt. Communication by computer
equivalent to dispatch by post if the person concerned is in agreement, if it is
performed in the manner and form provided by Article 3 of Law 20 July 2005 n. 115, taking into account the
Decree 8 September 2005 n. 156 and in compliance with applicable rules
transmitted via electronic networks.



TITLE IV ACCESS TO ADMINISTRATIVE DOCUMENTS - SANCTIONS

Art.
25 (Access to administrative documents)

1. The subjects "concerned" within the meaning of Article 1, paragraph 2, letter b), can access
administrative documents that are held by the authorities for the protection of their individual rights and legitimate interests
. Have access to administrative documents
even those who have been admitted by the Administration to participate in the proceedings, pursuant to Article
14, paragraph 2. The exercise of access is guaranteed and governed by the provisions set out below,
without prejudice to special rules.
2. The Directorate General of Public Administration ensure the proper implementation of
provisions on access and verification, at the request of the Administrations concerned, the
legitimacy of claims, compliance means of exercise and application of limits || | eventually they have access to the exercise.

Art.
26 (Scope of application access)

1. Administrative documents are all documents or sets of documents that are still
produced or received by the Board in carrying out missions and
defend the public interest functions as well as operation of public services, whatever the || | given to them, their shape and their material support.
2. The rules referred to in this Title shall also apply to administrative documents produced or received by
Great and General Council and the Congress of State, unless the Council or
Congress provides otherwise with their respective regulations.

Art.
27 (Provisions on access)

1. The exceptions provided for in Article 30, respondents Administration Offices are required to give
in consultation documents that they hold to those who request it to Article 25.

2 . And 'allowed access to the documents in accordance with this Law, provided that these are
Complete and final
. Except in the case of a request for access under Article 15, paragraph 1, letter b
, is not permissible consultation of the preparatory documents of an administrative measure
long as this is being processed. 3
. The publication of a document on an official support of the administration or on a
website run by one of the bodies or state offices
constitute full compliance with the obligations referred to in this Article.
4. The request for access to documents shall be submitted to the Administration that formed the
document or which holds the stably. The Administration, as much as possible, working with
the person concerned to identify the requested document. If the respondent
office is not in possession of the document requested, or is not authorized to permit access, directs, as
possible, the caller to the appropriate office.
5. If an administration office receives a request for access to a document
10
which no longer has custody, because he has delivered to a different office or whatever has paid
Administration archival, the respondent shall forward the request to the office that has
detention the document giving notice to the person.

Art. 28
(access Exercise)

1. The access shall be exercised at the option of the applicant, taking into account the technical possibilities
Administration, in one or more of the following measures, subject to special rules of access provided for by special regulations
:
a) Free consultation in the local office that keeps records, provided her
condition permits;
B) for copies provided that no harm is done to the documentation, or are not prohibited for certain acts and documents
by special rules. The costs of copying are borne by the applicant and can not
exceed the cost of reproduction. At the request of the copies shall be certified;
C) for free e-mail if the document is available in electronic format that ensures
the immutability of the same document.
2. The consultation document is performed by the applicant or person authorized by, even
with the possible assistance of another person, the identity of which must be indicated in the request
. Who performs the consultation can take notes and write down all or part of the documents taken into
vision, unless this is prohibited by specific provisions. 3
. A special regulation will establish tariffs for the reproduction and the copy of
documents referred to in point b) of paragraph 1, as well as for possible authentication.

Art. 29
(exercise mode of access)

1. The requested Directors shall within thirty days of receipt of the request
, after which the provisions of Article 10, paragraph 2, of the Law 28 June 1989 n. 68.
2. The Administration is not required to give course to access requests:
a) if they are not adequately justified in accordance with Article 25;
B) if they are not sufficiently precise or are formulated so as not to allow
identification of the requested document;
C) if the information is manifestly unreasonable, abusive, specious and quantitatively excessive. 3
. Use of the exercise is limited, deferred or denied in the cases and within the limits established by Article 30.

4. The measure by which the Administration states that he is able to proceed with
access request pursuant to paragraph 2, or with which it limits, differ, or waste
access pursuant to paragraph 3 must It is formulated in writing and must be substantiated.
5. The measure referred to in paragraph 4 may be challenged before the organs of administrative jurisdiction
according to common principles.
6. The order granting the access request contains an indication
office, from which access is allowed.
7. The acceptance of the request for access to a document includes the possibility of access to other documents in the same
recalled and belonging to the same procedure, subject to the exceptions and
law referred to in Article 30.

Art.
30 (limits to the exercise of access)

1. Access is included for all the acts and documents expressly declared confidential by
law.
2. Access is limited, delayed or denied if it can be detrimental:
a) the exercise of sovereignty and national defense of the Republic;
11
b) foreign policy and international relations of the Republic;
C) the national security, public order and public security or safety of persons
;

D) the appropriate implementing concrete measures of an authority;
E) the prevention of criminal acts and survey activities for the identification and suppression of illicit criminal
, administrative, tax, customs or currency, or otherwise arising from the breach of rules of
law or regulations;
F) economic and financial policy of the Republic;
G) the performance of all the inspections, monitoring and supervision. 3
. In addition access it is restricted, deferred or denied:
a) it may lead to the disclosure of information freely provided by third parties to an authority which is kept secret to
;
B) if it may result in the disclosure of business secrets, or secrets relating to the activities
production or trade or industry;
C) it may infringe the privacy of third parties.
4. Only those directly involved can access:
a) documents relating to persons with data and confidential information, such as personal data
that could reveal racial or ethnic origin, religious beliefs, philosophical or || | other beliefs, political opinions, membership of political parties, associations or organizations
religious, philosophical, political;
B) to documents containing personal data to reveal the state of health or other data or information
health nature;
C) to documents containing personal data disclosing sex life or confidential reports of
family type;
D) to administrative documents relating to staff selection procedures containing information
aptitude character.
5. They have right of access to health-related documents both the people involved, both at
choice of these, your doctor or specially designated physicians.
6. Where the application for access concerns a document that contains references or information
that are not accessible in the application of this article, but you can hide or delete
, consultation is permitted once hidden or deleted the mention or | || information.
7. Remain without prejudice to the specific provisions of the law that restrict access to administrative documents
.
8. The limitations referred to in this Article shall cease once the documents have become consulted
under the rules on the searchability of the documents to the State Archives.

Art.
31 (Administration obligations regarding publication and dissemination of documents)

1. Subject to the rules on the official publication of the acts and actions of the state, the Administration
is always required to give appropriate publicity to the directives, circulars, instructions,
however named provisions that contain explanatory notes and interpretations of standards
law, or contain the description of administrative procedures or provisions relating to the administrative organization
.
2. The Board on its own initiative, in order to promote the transparency and effectiveness of administrative action
and the participation of citizens to the care and protection of the public
, making use of electronic and telematic tools, shall take the necessary measures to
publication and dissemination of knowledge of the administrative documents produced by it or received
. 3
. In any case, the administrative documents which fall within the cases provided for in Article 30 or
contain data, personal references or information can not be made public before they have been hidden
such data, information or references or before they have been the targets
a treatment that makes it impossible to identify the persons who are named in
12
unless they agree to it.

Art. 32
(user limits the data arising from access to administrative documents)

1. Anyone with access to administrative documents in accordance with Article 25 is responsible for
use of data and information collected.
2. The data and public information collected as a result of access to administrative documents
granted under this Act shall be used within the limits of the protection of
legally relevant situations under Article 25. 3
. And 'however forbidden to use for commercial purposes of the data and information collected
as a result of access to administrative documents granted under this
law.

Art.
33 (Use of public documents)

1. The data and information contained in the documents made public under Article 31
can be freely used, unless this is expressly prohibited by special rules,

also for purposes other than those of the public interest mission or the
public service mission on the basis of which the documents were created or received.
2. E 'prohibited any use of the documents consulted in contrast to the right of their literary
or with the rules on copyright.

Art.
34 (Sanctions)

1. Unless the fact constitutes a more serious offense, the violation of the prohibition of Article
32, paragraph 3, shall be punished with imprisonment of First Instance and the daily fine second degree.
2. Unless the fact constitutes a more serious offense, the violation of the Article
33, paragraph 2 ban is punishable with imprisonment and a fine of second-degree daily.



TITLE V EFFECTIVENESS OF ADMINISTRATIVE MEASURE

Art. 35
(Effectiveness and enforceability of measures)

1. Effective administrative measures are performed immediately, unless
otherwise provided by law or by the same measure, and subject to the provisions on
preventive control of legitimacy.
2. The measure restricting the legal rights of individuals takes effect in respect of each recipient with
communication also be performed in the same manner provided
Article 2, paragraph 3. The measure restricting the legal rights of individuals not having | || punitive nature may contain a reasoned immediately effective clause. The measures
limiting the legal rights of individuals with pre-trial and urgency are effective immediately
.

Art.
36 (Suspension)

1. The effectiveness or the execution of the administrative decision may be suspended for
justified reasons and for the time strictly necessary, by the same body which issued the refusal
13
or by another body established by law. The suspension temporarily stops and not
retroactively the effects of the act until the closing date, if it was planned, or at
occurrence of which is conditioned life. The term of the suspension may be extended or deferred
only once, and reduced for unexpected needs.


Art.
37 (Enforceability)

1. In the cases and manner provided by law, the Board may impose coercive
fulfill their obligations towards private. The opening order of obligations
indicates the term and the method of execution by the obligor. If the interested
does not comply, the Board, after giving notice, may undertake the coercive
in the cases and in the manner prescribed by law.
2. For the enforcement of obligations involving sums of money apply
provisions for the compulsory enforcement of state credits.


Art.
38 (Withdrawal of the measure before checking)

1. The Administration, which adopted the act may rescind sent organist
control pending the decision of legitimacy, by written and substantiated request transmitted
organ of the same control.
2. The measure withdrawn is not enforceable.



TITLE VI DISABILITY AND IRREGULARITIES THE ADMINISTRATIVE MEASURE


Art.
39 (Erratum to clerical error)

1. The competent Directors makes the correction clearly recognizable
material errors incurred in the preparation of the act or measure, by means of errata that
by the preparation of the next document in error correction of the first.

Art. 40
(grinding or measure reform)

1. In the event of a material error or clerical error which does not fall in the event of error
curable with errata, the competent Administration rectify the act or measure with a
new act or measure that modify, supplement or It replaces part of the previous one.

Art. 41
(the measure Validation)

1. Validation is a declaration of the will of authority which adopted the act or, if that is flawed
of incompetence, of the competent authority to act, be directed to recognize the defects of the act
same and delete them .
2. The Administration may intervene with the amnesty, in the cases provided by law, to validate
measures taken in absence of the conditions.

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Art.
42 (Nullity of the measure)

1. You void the administrative act which lacks the essential elements, which is spoiled by
absolute allocation fault, which was adopted in violation or circumvention of the judged,
well as in other cases expressly provided by law.

2. The appeals related to the nullity of administrative measures are attributed to
exclusive jurisdiction of administrative courts.

Art. 43
(annulment of the measure)

1. You voidable administrative measure adopted in violation of the law or
tainted by abuse of power or incompetence.
2. It is not undoable the measure adopted in violation of the rules governing procedure or
form of acts should, for the constrained nature of the measure, it is obvious that its contents
device could not have been different from that adopted in practice. The measure administrative
however, is not voidable for failure to report the start of
proceedings if the administration proves that the content of the measure could not be
different from that adopted in practice. 3
. The provisions relating to forward appeals to the Administrative Judge referred to
Law 68 of June 28, 1989 and as the objection under Article 12 of the same law.

Art. 44
(office Cancellation)

1. The unlawful administrative measure as flawed by breach of the law,
abuse of power or incompetence, may be canceled ex officio sussistendone the reasons
public interest, within a reasonable period, taking into account the interests of the recipients,
the organ that issued it, or by another body established by law.
2. It is subject to the possibility of validation of voidable provision, sussistendone the
reasons of public interest and within a reasonable time.

Art.
45 (Revocation of the measure)

1. For supervening grounds of public interest or in the case of change in the factual situation
or new original public interest assessment, the administrative measure
benefit future effectiveness it may be revoked by the body that issued it, or
from other organ provided by law. Revocation determines the unsuitability of the measure revoked
further effect.
2. The provisions relating to forward appeals to the Administrative Judge referred to
Law 68 of June 28, 1989 and as the objection under Article 12 of the same law.



TITLE VII TRANSITIONAL PROVISIONS AND FINAL

Art. 46
(Transitional Rules)

1. The offices concerned shall conduct a survey of the measures being undertaken and
prepare what is necessary to clarify the respective procedures and to implement fully
this Act within a maximum period of one hundred and eighty days after its entry into force.
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2. The process, already under way on the date of application referred to in the preceding paragraph, are
governed by regulations at the start of the same date. 3
. Until the formation of the organs of the General Direction of Public Function, the
directives, coordination and technical support are to be entrusted to bodies and offices Administration
identified by resolution of the State Congress.
4. Taxes, duties and charges and the rights of office provided for
measures and procedures are reviewed by delegated decree which will take account of the survey mentioned in the first paragraph
and possibly replaced with rights commensurate with the type of proceeding
they refer.

Art.
47 (Repeals)

1. They are repealed all provisions inconsistent with this Law.

Art.
48 (Entry into force)

1. This Law shall enter into force on the fifteenth day following that of its legal publication
.




Our Residence, this day of October 5 2011/1711 dFR



THE CAPTAINS REGENT
Gabriele Gatti - Matteo Fiorini





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta