La pubblica amministrazione e l’etica delle istituzioni pubbliche: la questione dei codici di comportamento

Abstract

Public employees are bound to comply with specific duties and rules of conduct that broaden their sphere of esponsibility compared to that of ordinary citizens. The ethics of public institutions is crucial for the development and interpretation of the duties and behaviours established by the code of conduct. Accordingly, it is interesting to explore the possibility of enhancing the moral characteristics of the subjects called to perform a public function considering the Aretaic theory. In the Italian context this theory appears decidedly in line with both the constitutional provision that identifies law as a social practice and the ideal of the rule of law. A key element of the Aretaic theory is the willingness of the individual to comply with the ethical standards, however that is not always the case, and this refusal cannot be tolerated by the legal system. Therefore, the challenge of applying the Aretaic theory lies in reconciling this approach with the necessity to sanction employees’ violations. The nudge regulation could be the right tool to prod citizens towards implementing behaviour aimed at increasing their own well-being and that of the community without imposing sanctions. Nevertheless, many doubts have been raised about this solution too.