Saturday, October 2, 2010

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ACCESS 'TOTAL

A recent directive of CIVITATE (Independent Commission for the Evaluation, Integrity and Transparency of government), No 105, September 23, laid down the guidelines for the preparation of three-year program for the transparency and integrity , a paper that presents a model of the section of the website dedicated to ' transaction transparency, and that must be prepared and adopted by the end of the year by all administrations.

The concept of transparency that comes out of the directive is highly advanced than that prescribed by Law 241 of 1990 and refers to the modern concept of open government : the transparency is intended as total accessibility , through the instrument of publication on institutional web sites of government, of information on every aspect of the organization, indicators of trends in management and use of resources for the pursuit of institutional functions, of the results of measurement and evaluation by the competent bodies, in order to encourage widespread forms of monitoring compliance with the principles of sound and impartial. It is essential level of services provided by government under Article 117, second paragraph, letter m) of the Constitution "(Article 11, paragraph 1 of the decree).

This is a much broader concept than that introduced by Act n.241/1990, where transparency was considered the tightest in terms of right of access to administrative records from the ownership of a qualified interest and subject to specific requirements and limits. Accessibility total assumes, however, access by the entire community to all "public information". E 'was introduced in our system that is a qualified position in the head and spread to every citizen, compared to the action of government, with the main " order to encourage widespread forms of monitoring compliance with the principles of sound and impartial .

All citizens, therefore, for the mere fact of being such, and then to pay the taxes (a key element in any democracy), are entitled to have data is clear, legible, as it is open to administer public and how do they spend their money .

access to any act of the PA is therefore now possible for everyone, not just those who have a direct interest as provided for the first L.241/90 that prevented even for a general access principle, stating that " Instances are not eligible for access control targets at a general government the work. " With the Legislative Decree no. 150/2009, however, " transparency very purpose is to diffuse forms of social control of public administrations and outlines, and then, a different regime of access to information .

With regard to the good performance of public services and to properly manage its resources, the online publication of the data allows all citizens with an effective knowledge of the government, with the aim of how to encourage and facilitate participation and community involvement. From this perspective, transparency is a form of guarantee of the citizen, both as recipient of the general activities of government, whether a user of public services.

The directive also provides a clear and final list all references to the law, what is required from now publish institutional Web sites in the famous section on transparency, integrity and merit. "

  • information on staff:

a) curricula and remuneration of directors, with specific evidence on the variable components of wages and wage-related components of output ( Article 11, paragraph 8, letters f) and g) of d. lg. No 150 of 2009), e-mail addresses, telephone numbers for professional use (Article LN 21 of 69 in 2009), role - the date of classification of membership in the range or lower, when the initial framework, the administration, commencement and completion of the tasks entrusted former Article 19, paragraphs 3 and 4, d. lg. No 165, 2001 - (Article 1, paragraph 7, of Presidential Decree No. 108 of 2004);

b) curricula holders of organizational positions (Article 11, paragraph 8, letter f) of d. lg. No 150 of 2009);

c) curricula, salaries, fees and allowances of those who hold positions of political administrative and related support offices, including, without limitation, the political leadership of the administrations, the heads of Cabinet members and the offices of and staff working directly in the ministries, the holders of other high offices in the regions and political entities premises (Article 11, paragraph 8, letter h ) of d. lg. No 150 of 2009);

d) names and resumes of the members of OIV and Head of the functions of performance measurement referred to in Article 14 (Article 11, paragraph 8, letter s) of d. lg. No 150 of 2009);

s) absence rates and increased presence of staff to separate management offices (Article 21 of LN 69 of 2009), and the role of civil servants (Article 55, paragraph 5 of Presidential Decree No. 3 of 1957);

f) annual salaries, curricula , e-mail addresses, telephone numbers for business use of provincial and municipal secretaries (Article 21 of LN 69 of 2009);

g) total amount of bonuses allocated to the performance and the amount of premiums actually paid (Article 11, paragraph 8, letter c ) of d. lg. No 150 of 2009);

h) analysis of data on the degree of differentiation in the use of rewarding, both for managers and their employees (Article 11, paragraph 8, letter d ) of d. lg. No 150 of 2009);

i) codes of conduct (Article 55, paragraph 2, of legislative decree no. 165 of 2001 as amended by Article 68 of legislative decree no. 150, 2009 )

  • Data for appointments and consultations:

a) paid and unpaid positions granted to civil servants and other entities (Article 11, paragraph 8, letter i) of d. lg. No 150 of 2009 and Article 53 of Legislative lg. No 165, 2001). The tasks considered are: i) paid and unpaid duties conferred or authorized by the administration to its employees within the authority itself or from another government or public or private; ii) paid and unpaid duties conferred or authorized by a government employee other administration; iii) paid and unpaid tasks assigned to it, in any capacity, from administration to outside parties. In order for this type of information you need to know: the person in charge, curriculum of that subject, the subject of office term of gross salary, subject to the transferring mode of selection and appointment of the independent and kind of relationship, negative statement (where the administration has not given or authorized positions).

  • data information about the organization, performance and procedures:

a) Information concerning any aspect of the organization (organization, articulation of the offices, duties and organization of each office also executive-level without general names of responsible managers of individual offices and the legal sector attributable to the activity they perform - Article 54, paragraph 1, letter a) of d. lg. No 82 of 2005);

b) complete list of mailboxes active institutional, and whether it is a certified e-mail (Article 54, paragraph 1, letter d ) of d. lg. No 82 of 2005);

c) Plan and Report on performance (Article 11, paragraph 8, letter b ) of d. lg. No 150 of 2009);

d) information about the size of the quality of services provided (in accordance with the principles laid down in Article 11 of legislative decree no. 150, 2009 and the information referred to in Resolution No. 88, June 24, 2010);

s) three-year program for the transparency and integrity and status of implementation (Article 11, paragraph 8, letter to ) of d. lg. No 150 of 2009);

f) list of the types of proceedings conducted by each office of the executive level is not general, the deadline for the conclusion of each procedure and any other procedural deadline, the name of the official proceedings organizational unit responsible for the investigation and any other procedural compliance, and the adoption of the final (Article 54, paragraph 1, letter b ) of d. lg. No 82 of 2005);

g) and deadlines for the fulfillment of the proceedings identified in accordance with Articles 2 and 4 of LN 241 of 1990 (Article 54, paragraph 1, letter c ) of d. lg. No 82, 2005).

  • data on economic and financial management of public services:

a) services provided to end users and intermediate (under Article 10, paragraph 5, of legislative decree. August 7, 1997, No. 279), accounting for their costs and highlighting the actual costs and those charged to the staff for each service provided and the monitoring of their development (Article 11, paragraph 4, of legislative decree no. 150, 2009) to extrapolate consistently to the contents of the Plan and the Report on performance ;

b) additional contracts entered into , technical report and illustrative financial, certified by the supervisory bodies, the information provided for the purpose of forwarding to the Court of Auditors, the model adopted and the outcome of the assessment by the citizens on the effects expected from the operation of public services as a result of bargaining (Article 55, paragraph 4, of legislative decree no. 150, 2009);

c) data on the consortia, institutions and companies in which the government part, indicating in the case of companies, its share of participation as well as data concerning the outsourcing of services and activities including by means of conventions.

  • data on the management of payments and good practice:

a) indicator of the average time of payment for the purchase of goods, services and supplies (indicator of timeliness of payments), and average time of definition of processes and service delivery with the preceding financial year (Article 23, paragraph 5, of LN 69 of 2009);

b) good practice with regard to the timing for the adoption of measures and the provision of public services (Article 23, paragraphs 1 and 2, the LN 69 of 2009).

c) Information on grants, contributions, loans, subsidies and economic benefits:

d) institution and accessibility by Internet of registers of beneficiaries of an economic nature of providence (Articles 1 and 2 of Presidential Decree No. 118 of 2000).

  • Information on "public procurement "

a) data under Article 7 of Legislative lg. No 163 of 2006 (Code of public contracts for works, services and supplies). Please note that the identification of such data for the purpose of publication, it is the Authority for the supervision of public works contracts, services and supplies.


P. Santillo


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