Dear Director,
Your article on transparency in the Municipality of Avellino has revealed quite a few legal experts. However, I feel the duty to technically clarify the state of the art without any polemical attitude towards anyone and without wanting to blame anyone.
From time immemorial, doctrine and jurisprudence have defined the so-called principle of formation of the administrative act which is made up of three phases: a) the initiative (it is the proposed resolution), b) the decision (it is the central phase in which it is taken the decision), c) the integrative phase of effectiveness (publication, notification and similar).
Regarding this last phase, it does not confer validity on the act (because this concerns aspects specific to the act itself) but determines its effectiveness, that is, it allows it to carry out its effects. Once the decision has been made it can only be revoked or made public; in the first case everything depends on the will of the body while in the second it is the administrative apparatus that must provide.
On the other hand, all the legislation on the subject (Consolidated Law on Local Authorities) has always made some changes to the procedure but the publication phase has never been abolished; this is because it must respond to the needs of transparency and, therefore, protection of any conflicting interests.
I owed you so much, hoping that I had clarified.
Unlike aspiring jurists, I suggest finding the time to study.
