Abstract

The new legislation regarding employment and labour market (Acts n. 30/03 and 276/03) does not concern Public Administrations. This choice has been criticized by legal literature because it has been considered contrary to the unification process of public and private employment discipline (begun in 1992 and completed by Act 165/01). The author shares the technical objections to the wording of the text but stresses the reasons which induces to consider the exclusion of PA as a part of the inevitable differences between public and private employment coherently with the rule of art. 2 section 2 Act 165/01. Therefore that exclusion does not contradict the principle of a common regulation of public and private employment but an opportunity to build, within the frame of harmonization and with the intervention of collective negotiation according to art. 86 section 8 of Act 276/03, a discipline which could result adequate to the peculiar needs of efficiency and flexibility of Public Administrations.