La responsabilità dirigenziale al cospetto del giudice ordinario

Abstract

This paper makes a case for the “contractual-publicist” nature of the managers’ liability regime, although this matter lies within the scope of civil courts’ jurisdiction. Even though the law assigns civil courts the role in deciding disputes regarding potential infringement of public managers claims, these should be considered legitimate expectations (public law) and not rights (civil law). Except for the recovery of the executive jurisdiction of the administrative court, if the administration refuses to fulfil the civil judgment and the public manager spontaneously appeals for compliance, rather than (or together with) the civil one of forced execution.