Claudio De Fiores

"I pubblici impiegati sono al servizio esclusivo della nazione"? Considerazioni sulla dimensione costituzionale del pubblico impiego tra privatizzazione del rapporto di lavoro e revisione del Titolo V

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The present contribution sets out to examine the normative content of Art. 98, section 1 of the Constitution in light of the profound transformations that have affected the organisation of the public administration in these decades, its relations with the form of government and, in particular, with the territorial articulation of the Republic. The object of the critical considerations of this brief essay will therefore be as follows: a) the repercussions of the nationally binding nature placed by Art. 98 on the principle of impartiality of the public administration; b) the relation between the constitutional notion of 'faithfulness to the Republic' and that of 'exclusive service' to the Nation; c) the relationship between the legal definition of 'service' and that of 'labour'; d) the impact of the processes of the privatisation of public employment on Art. 98 of the Constitution; e) the problem of the extension of the subjective ambit of application of Art. 98, section 1 of the Constitution to also include regional (and local) employees; f) the repercussions of the reform of Title V of the Constitution on public employment.


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