Flavio Guella

Recognition of the safeguarding of special autonomy powers in the matter of compensation for directors of public companies: Dequotation of an interposed parameter of financial coordination potentially contrary to good performance

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Abstract

The note analyzes a judgment by the Constitutional Court on spending limits in public companies’ compensations. In particular, it points out the contrast not only between the state transitional regulations and the regional statute of the Valle d’Aosta Region, which sought to overcome national rigidities, but also the one between the judgment parameters of coordination of public finance on the one hand, and the requirements of good performance of public administration on the other. The resolution of the issue of constitutionality is then analyzed as a case of indirect confirmation of the importance of the covenant principle, with an enhancement of the role of safeguard clauses, not to be interpreted reductively.

Keywords

  • spending review
  • public companies
  • special Regions
  • civil order
  • public finance coordination

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