LA RESPONSABILITÀ DIRIGENZIALE FRA RIGORE E GARANZIA

[Autom. eng. transl.] Court cost. 193/2002 has declared the art. Constitutionally illegitimate the art. 20 paragraph 9 last sentence d.lg. 29/1993 (subsequently repealed) in the part in which it envisaged the administration's faculty to immediately place the manager in retirement, without the prior passage through the availability period, in the event of failure to achieve the assigned objectives. Once the evolution of the legislation on the subject has been reconstructed, the comment highlights the continuing relevance of some issues examined by the Constitutional Court and examines in depth the aspects concerning the necessary nature of managerial responsibility. The comment also takes into consideration the problems relating to guarantees for the manager who is retired due to failure to achieve the objectives set. Finally, the Consulta intended to trace some basic principles on managerial responsibility, in order to include this institution in the system of public organization in a manner consistent with the constitutional framework.