Una nuova configurazione della responsabilità erariale funzionale all’autonomia decisionale dei funzionari pubblici in coerenza con i principi del risultato e della fiducia

Abstract

How much remains of the system of the last organic reform on administrative responsibility referred to in Law no. 20 of 1994 is difficult to evaluate. This is not only due to the changes made by the art. 3 of the legislative decree n. 441 of 1996, and by art. 3 of the legislative decree n. 543 of 1996, converted into Law no. 639 of 1996, but above all for the countless and occasional interventions of the legislator, even in limited areas, which, although they do not appear to have had a direct impact on the fundamental rules, have nevertheless profoundly undermined their foundations, without an apparent unitary purpose.