Francesco Merloni

Administrative Organisation and Guarantees of Impartiality. Administrative Functions and Functionaries in Light of the Principle of Distinction between Politics and Administration

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Abstract

The writing deals with the following problems: the objective element of organisation: the identification of functions; the function as typical notion of organisation; from function to competence; competence and organ; the knowability and controllability of organisational choices; distribution of competencies and principle of distinction; the personal element as the fundamental trait of organisation; the holder/head of the office/organ in the model of ministerial accountability; the holder/head of the office/organ in the model of distinction between politics and administration; the rereading of the constitutional principles concerning public functionaries; regulation of the status of the heads of organs that perform (or contribute to the performance of) leadership activities; regulation of the status of the heads of organs that perform management activities; the indirect nature of the guarantees regarding the impartiality of the holders/heads of offices/organs and democratic control on the part of the citizenry; the organisational dimension of the guarantee of impartiality.

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