Parità di genere nel reclutamento del personale delle forze armate. Commento a Cons. Stato, Sez. II, Sent. n. 8578 del 2021

Abstract

This comment concerns a recent judicial decision of the Consiglio di Stato on the subject of public competitions in the armed forces. Access to the military career was the prerogative exclusively of male candidates, at least until the introduction with d. lgs. No. 24 of 2000 ofwomen’s military service. However, despite the efforts of the legislator, the special sectoral regulation still presents different points of criticality with respect to the principles and rules on gender equality. In this scenario, the judgment in question offers a useful opportunity to highlight some of the legal issues relating to the recruitment of personnel in the public- sector, in order to offer possible interpretative solutions to greater protection of female candidates.