Abstract

Beginning from the decision of constitutional illegitimacy of article 4, paragraph 3, of the regional law of the Aosta Valley/Vallée d’Aoste 6/2022, the author reflects on the problematic functioning of the principle of public competition for the access to the position of Municipal Secretary. Starting the analysis from the application of the rule since the birth of the Municipal Secretary role, the author examines the conflict between constitutional jurisprudence regarding public competition for these positions and the non-applicative practice of Italian regions. In light of the frequent derogation attempts in regional legislation, the Italian Constitutional Court emphasized the necessity of the public competition rule for access to public employment to ensure the proper functioning and impartiality of public administration, provided by art. 97 of the Italian Constitution. Consequently, the Court extended the scope of the principle to categories of civil servants with special legal status.