Istruttoria

Istruttoria is a term used in Italian administrative law to describe the preparatory, evidentiary phase of a procedure during which the competent authority collects, verifies, and assesses factual elements and sources of evidence needed to decide the matter.

It is generally part of an administrative procedure but the concept is applied across civil, disciplinary, and regulatory processes. The istruttoria aims to ensure accuracy, thoroughness, and fairness before a final decision is issued.

The legal basis for istruttoria lies in Italian administrative law, notably Law 241/1990 on administrative procedures and, more recently, the Codice del processo amministrativo (Legislative Decree 104/2010). These frameworks establish rights and guarantees for participants, including access to information, the opportunity to present documents and observations, and the right to be heard.

Activities commonly included in an istruttoria are the collection of documents, requests for information to the parties or third parties, hearings or interviews, technical or expert reports, inspections, and the preparation of an istruttoria report or reasoned assessment outlining findings.

Parties have specific rights during istruttoria, such as access to relevant acts (accesso agli atti), the ability to submit evidence and observations, and the opportunity to challenge incomplete or inaccurate statements.

The istruttoria ends with a factual basis that informs the decisional phase; it is not itself the final act. The final decision may be appealed, including on grounds related to procedural flaws in the istruttoria.

There are variants of the istruttoria, including istruttoria disciplinare in disciplinary procedures or istruttoria tecnica when specialized expertise is required.