La class action pubblica. L’interesse individuale e collettivo alla buona amministrazione e la sua giustiziabilità.

Abstract

At the end of the first decade of the 2000s, the national legislator launched an ambitious plan to reform the discipline of the employment relationship of employees of public administrations (on which the legislative decree 30 March had already intervened significantly 2001, n.165), in the sign of the implementation of efficient internal and external systems for evaluating personnel and administrative structures, also involving important repercussions in terms of responsibilities and the justiciability of individual interests homogeneous with the efficiency of the administrative action undertaken.

The starting point was the l. 4 March 2009, n. 15 (so-called Brunetta reform), with which a broad delegation was conferred on the Government, implemented, then, mainly, on the one hand, with Legislative Decree no. 27 October 2009, no. 150 - which outlines, on the whole, regulatory interventions aimed (in the intentions of the delegated legislator) at transforming the role and structure of public administrations, in order to give them a more dynamic and productive character - and, on the other, with the Legislative Decree 20 December 2009, n. 198, aimed at giving “Implementation of article 4 of law no. 15, in the matter of appeal for the efficiency of administrations and public service concessionaires"