San Marino

Name of law: 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents First adopted: 2011 Last modified: 2016-07 RTI Rating last updated: 2022-05

Introduction

The Republic of San Marino's right to information legislation, dating from 2011, contains certain positive elements. Notably, it incorporates a harm test for most exceptions and allows for administrative appeals. San Marino's legal framework has been further developed in recent years. The Regulation of 2 December 2015, No. 16 outlined the Republic’s proactive publication regime, and amendments to its main legislation, introduced through Decree–Law No. 89, 25 July, 2016, removed a problematic requirement that individuals be “interested parties” to access administrative documents. However, the legislation has, contrary to international standards, still retained a residency requirement for making requests for information.

Despite recent steps towards transparency, San Marino’s right to information legislation continues to lack key elements of a modern, rights-compliant regime, with points deducted for factors including its overbroad list of exceptions, lack of independent oversight and inadequate promotional measures, including insufficient record-keeping standards. The legislation has an inadequate sanctions and immunities regime and fails to provide clear requirements for accommodating requestors in need of assistance.

The original Italian version of the 5 October 2011 Law on Administrative Procedures and Access to Administrative Documents can be found here. The original Italian version of the Decree–Law No. 89, 25 July 2016 can be found here. The original Italian version of the Regulation of 2 December 2015, No. 16 can be found here.

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