Le scelte legislative in tema di potenziamento della capacità amministrativa

Abstract

Decision No. 92/2023 of the Italian Constitutional Court in commentary declares the constitutional illegitimacy of a provision of the Sicilian Region that provided for the recruitment of three hundred executive personnel to be seconded to local authorities in order to strengthen the local administration offices involved in the spending processes related to the national recovery and resilience plan. Operating a review based on the principle of good performance, the Court overcomes the previous orientation based, in a prevalent manner, on financial constraints and goes on to verify the rationality of the legislative choices, of a quantitative nature, intended to strengthen the administrative capacity