The worker is entitled to have access to the opinions that are issued during the emersion procedure
The National Commission for Access to Administrative Documents declared on 3 June 2021 that the worker is entitled to have access to the various opinions issued during the emersion procedure/sanction of June 2020.
The case concerns an application for emersion from irregular work, pursuant to art. 103 c.1. of DL n. 34/2020, which received a negative opinion from the Questura di Roma.
The right of "endoprocedural" access is provided for by articles 7 and 10 of Law 241/1990 and the person to whom the procedure refers has always the right to access to the acts of the same. In this regard, the Commission agrees with the administrative orientation, according to which: "opinions that represent a preliminary step of an ongoing administrative procedure and that, therefore, once acquired, become part of the procedural process and take on this configuration, as acts that constitute the final choice of the proceeding administration, are excluded from the right of access, pursuant to art. 24 paragraph 1 Law 241/1990.
In the case in question, the foreign citizen as a worker, once she learnt from the portal of the Prefecture that the Questura di Roma had issued a negative opinion, was denied access to the documents relating to the procedure, requested in order to prepare all the appropriate defensive activities for the success of the emersion procedure.
Prof. Avv. Paolo Iafrate
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