Leonardo Ferrara

Profili problematici della responsabilità della pubblica amministrazione per mancata o inesatta informazione

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In dealing with the topic of the responsibility of the public administration for failing to provide information or providing inaccurate information, the author sets out by attempting to survey, albeit in summary fashion and with a result basically serving to exemplify the situation, the numerous duties regarding the providing of information that are incumbent on this subject (by way of provisions of a precise nature or owing to the effect of interpretative operations). Among the multiplicity of possible classifications, a particular significance is attributed - along with the distinction between duties pertaining to a failure to provide information and the accuracy of information provided - to the existence or not of administrative proceedings (within the framework of which the informative activity takes place or the information in any event can be said to be linked, always from the standpoint of the person it is directed to). In the face of the phenomenology identified, the questions that stand out regard the nature of the responsibility and the typology of the subjective juridical situations involved. On the basis of a conceptual framework of a theoretical/general matrix, with respect to which the information sector becomes a specific area for verification, the author, while seeing in informative duties true and proper obligations, attributes a contractual nature to the responsibility arising from a violation occurred with regard to information pertaining to proceedings, and an extra-contractual nature to that arising from situations involving information not related to proceedings.


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