by Carmelo Sant'Angelo
For weeks they have been telling us this parable on uniform networks “frightened mayor”. Story loosely inspired by the Gospel passage about the “Healing of the Blind Man of Jericho.” The self-proclaimed liberal singers report: “As they approached the concession stand, a mayor was sitting on the street complaining. The latter asked for help with a pen in his hand. He wanted to sign, but fear stopped him. He therefore called for government intervention. The Keeper of the Seals, feeling the cry of pain, asked that the mayor be brought before him. “But he’s from the Democratic Party,” his entourage chorused. “Let the piddini come to me.” When the mayor arrived in his presence, he said: “Minister, free me from the fear of signing.” The minister touched the mayor's pen and he walked away, skipping and throwing autographs .”
If there was even a shred of intellectual honesty in this story, the minister should have asked: “Please, Mr. Mayor, Can you show me an administrative document presented for signature?“.
The principle of separation The Decree-Law introduced a separation between political-administrative functions belonging to government bodies (including the mayor) and administrative-management functions typical of managers. lgs. 29/1993 and tightened by the legislature through Law 59/97; The D. lgs. 80/1998; The D. lgs. 165/2001 and consecrated in art. 107 of the Consolidated Local Government Law. In particular, paragraph 2 of the above-mentioned law states: “Managers are responsible for all tasks, including the issuance of administrative acts and measures that oblige the administration externally,” with the exception of those that fall within the area of political management and control. -administrative responsibility for the Governing bodies of the institution or fall within the functions of secretary or manager.
As the Constitutional Court has repeatedly confirmed, this separation arises from principle impartiality provided for in art. 97 of the Constitution. In order for public administration to be impartial, it is necessary to separate politics and administrative management. The first sets the goals to be achieved, while the managers take care of making the public machine work. However, while the government's actions are an expression of a political party that represents a majority pro tempore, the government's actions are limited “in implementing the political direction of the majority.” to act without differences between political partiesto pursue the public purposes pursued by the legal system” (Judgment of the Constitutional Court No. 453/1990).
With all of this said, What are the mayors complaining about? Maybe they can't stand the refusal of leaders who hide behind fear of criminal law? With the abolition of abuse of office, the last bastion, the divine shield of the conscientious manager, would fall in the intentions of these legislators. Do they perhaps believe that they can freely exert pressure on managers to favor relatives, friends, lovers and co-workers? In this case, let's imagine that the mayor, like Duke Count Semenzara, chooses at the green table which interest to place his chips on. Black wins, red loses. Rien goes plus. And the manager who doesn't comply will be a pathetic “charade of a charade.”