La riforma della responsabilità amministrativa, tra esigenze di efficienza delle PP.AA e di protezione degli interessi erariali, per consentire un’autonomia decisionale dei funzionari pubblici più consapevole e meno timorosa

Abstract

Although the opportunity to intervene organically on the functions of the Court of Auditors, and in particular on the ordinary discipline of administrative liability, had long been felt, especially due to the change (not only contingent) in the economic and social conditions that the national legal system is experiencing, the decision of the Constitutional Court no. 132 of 2024 has definitively rooted the urgent need for a comprehensive legislative intervention, which also concerns the control and consultative functions, as well as to delimit the liability of the treasury from a subjective and objective perspective, as well as to specify its (sanctioning) nature. In this sense, the bill no. 1621 (AC) of 19 December 2023, currently under examination, has only slightly anticipated the decision of the Constitutional Court, intercepting needs that have now clearly emerged in the political-institutional but also doctrinal debate.