Il responsabile del procedimento rivisitato

Abstract

Thirty years after the enactment of law no. 241/1990 the person in charge of the procedure remains the most innovative and characterizing part of the Italian experience and, at the same time, the one that has received little, if not very little, attention from the doctrine. The essay intends to provide an examination of the problematic elements deriving from the interrelation between the organizational aspects of the figure and the tasks reserved to the management. In particular, it analyzes the decision-making and personal responsibility space that falls on the official responsible for the procedure. The argument given is that the person in charge of the procedure configures a hypothesis of functional responsibility that significantly affects the organizational relationships within the offices.