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July 31, 2020 The Council of State suspended the effect of the Lazio Regional Administrative Court ruling (No. 8615/2020) which allowed access to the minutes of the Scientific Technical Committee on the epidemiological emergency from Covid19. The decision was made with a monochromatic precautionary decree, pending the evaluation of the college, convened for September 10th. The government filed an appeal against the decision of the TAR of Lazio that had accepted the application of the Einaudi Foundation.The President of the third section of the Council of State, Franco Frattini, has deemed it appropriate to refer the precautionary decision to the college, setting the council chamber for next September 10, so as not to definitively prejudice the interest of the administration opposed to the display of the documents. pending the decision of the college (which would be useless after showing the acts), given the legal "worthy of study" matter.
The decree notes, in fact, that these reports "constituted the prerequisite for the adoption of measures aimed at strongly compressing individual rights of citizens, constitutionally protected but do not contain elements or data that the appellant itself has reasonably indicated as secrets;" and that "the technical-scientific evaluations refer to time periods almost completely exceeded" and that "the Administration itself, reserving a voluntary ostension, makes it clear that it does not consider in them elements of special secrecy to be opposed to the citizens themselves".
The monochromatic decree also states that "it is not understandable, precisely because of the absolute exceptionality of these acts" why they should be included "in the list of those removed from the general rule of transparency and knowability by citizens, since the recent legislation - renamed freedom of information act on the American model - provides for civic access as a rule "and as an exception for non-accessibility.