L’inadempimento e la responsabilità disciplinare del dipendente pubblico: tra obblighi giuridici e vincoli deontologici* = Non-compliance and disciplinary liability of the civil servant: between legal obligations and ethical constraints*. WP C.S.D.L.E. “Massimo D’Antona”.IT – 229/2014

Tullini, Patrizia (2014) L’inadempimento e la responsabilità disciplinare del dipendente pubblico: tra obblighi giuridici e vincoli deontologici* = Non-compliance and disciplinary liability of the civil servant: between legal obligations and ethical constraints*. WP C.S.D.L.E. “Massimo D’Antona”.IT – 229/2014. [Policy Paper]

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Abstract

The A. analyses the complex relationship between the notion of contractual obligation and the new idea of “performance” of the public employee, introduced by d. lgs. n. 150/2009. Following the guidelines provided by recent legislation, the essay attempts to clarify content and limits of the contractual obligation required public employee through the analysis of its pathology (i.e. breach of contract). In fact, the exercise of the disciplinary powers of the public employer and its basis in the pathology of the contract bring out several critical profiles as, in particular, the risk of duplication, overlap and interference between different forms of liability charged to the public employee for the same event or behavior. The A. points out the extension of public employee’s contractual obligation due to the introduction by the legislation of ethical and conduct codes. This path of analysis criticizes the rising trend to duplicate the concept of contractual obligation using the notion of "performance". Finally the A. proposes the use of private law categories to simplify rules and management of public employment, recovering the conceptual tools of the labour law.

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