L'affidamento degli incarichi per la dirigenza sanitaria

[Autom. eng. transl.] The discipline of the tasks of the medical-health management presents strong peculiarities with respect to the ministerial leadership model; moreover, the general framework (originally referred to by Legislative Decree 29/1993 and, subsequently, by Legislative Decree 165/2001) finds limited application in this area: in fact, the reference to the general discipline is accompanied by a safeguard clause ("except as provided in this decree"), which mainly carries out - even for executive positions - the function of "preserving" the specialty of the sector discipline. For various aspects, the regulatory framework of the offices and the related litigation have represented the point of emergence of a 'strong' tension between the aspiration to entrepreneurship of the healthcare companies and the need to guarantee impartial choices by public administrations, especially with regard to the selection of subjects who have the task of taking care of the fundamental right to health