Il valore della partecipazione per l'effettività della cittadinanza amministrativa digitale

Participation in the administrative procedure is the central theme of this research work, that is developed according to the perspective of the change between the citizen - administration relationship, leading thread of the whole investigation. The theme chosen, at first, pushes to draw the attention to the "administrative change", starting from the consideration that the organizational and functional complexity typical of the multi-classes State, linked to the need of the new administration's legitimacy, has laid the basis for a general rethinking of the administration as “public interest care function”. In this perspective, the introduction of the law 241/1990 marks a fundamental turning point in the history of administrative law, not only because it introduces important democratic safeguard values that arise as a corollary of the constitutional principles of impartiality and efficiency, but above all because “lays the foundation” for a new relationship between government and citizen, in which the latter "undresses" the figure of a subject to become a resource available to the administration. In emphasizing the central role of the citizen bearer of views, interests and values within the intervention areas normatively recognized in general by law 241/1990, the investigation focuses on the "conquest" of the administrative citizenship, which makes the concepts of participation, inclusion and sharing the paradigms of the new organizational and management culture of public administration. On these fundamental interpretations is built the research, which dedicates the first part of the work to the analysis of the participatory institutions contemplated in the Law 241/1990, with a careful look at the ties of these with the "two souls" of the administrative procedure, guarantee and efficiency, that precisely with reference to the participation show all their complexity and criticality. Including the legal and social relevance of “innovation” related to the law 241/1990, at a later time, it is addressed the issue of computerization of public administrations as a process of modernization, which requires a “structural change”, aimed at completing the process of administrative reform that makes the improved dialogue between administration and citizen his main strength. In this perspective, the research continues analysing the implications of the computerization process on participation, not so much related to new institutions as to novel ways of intervention of the citizen in the digital administrative procedure. Finally, this research attempts to investigate the strengths and weaknesses of the telematics relationship between government and citizen, which, although becoming the occasion of birth of new rights and while acknowledging an active role of the citizen in the reform process, too often it collides with the unsatisfactory level of “digital development” of our country. Leaving to the following any other clarification, represents aspiration of the writer the opening to interesting and critical insights on what is, nowadays, the most profound sense of being digital administrative citizens.