De l’ouverture des données publiques à l’ouverture de la décision administrative ? Une réflexion juridique comparée Italie-France

Whether it is to boost « the opening of public government » or to support its « increased exposure », democratic virtues of Open Government Data raise hopes but also many questions. On the political side, the new paradigm inspires multilateral cooperation and affect the reform strategies of a growing number of countries. The legal framework evolves in the intersection between hard law and soft law, between the interests for regulation and the need to pedagogy. The aim of the study is to highlight the juridical outlines (and paths) of the Open Government Data both in Italy and in France and to consider the impact of citizens’ participation on its implementation as well as on its perpetuation. Although the context is not yet stabilized, the differences and similarities between the two countries show trends (and obstacles) that may mark the future of the phenomenon and its ability to influence the relationship between citizens and the government, both in terms of knowledge and of public decision-making.