Federico Vaccaro, Accesso agli atti relativi alle procedure di reclutamento del personale: il caso I.T.A. S.p.A.

The contribution examines judgment No. 860 of 2023 of the Seventh Section of the Council of State, in which the decided question of the existence of the right of access to documents and of civic access to the documents relating to the recruitment of personnel of Italia Trasporto Aereo (I.T.A.) S.p.A. by the Associazione Nazionale del Personale Navigante del Trasporto Aereo (Navid). The Council of State on the one hand stated that I.T.A. S.p.A., as a publicly controlled company, is obliged to comply with the transparency obligations set out in Articles 16, 17 and 19 of Legislative Decree 33/2013 and to fulfil the obligation to display the documentation concerning its personnel. On the other hand, it qualified the airline as a “body governed by private law exercising activities also functional to the fulfilment of public interests” subject to Articles 22 et seq. of Law 241 of 1990.