Giancarlo Ricci

Open access

The assignment of museum director role: devolution of the dispute to the ordinary civil judge and hypothesis about the protections that can be granted to the unjustly excluded aspirant

  • Abstract

Informations and abstract

Keywords: Managerial Assignement; Museum Director; Ordinary Jurisdiction.

This paper aims to analyse the order issued by the Italian Corte di Cassazione on 17 December 2020, no. 28976, which established that the dispute over the conferral of managerial office in museums falls under the jurisdiction of the ordinary (civil) judge, due to the "private" and "non-competitive" nature of the procedure aimed at appointing a museum director, also considering also the mostly fiduciary character of this assignment. The Author focuses on previous consistent decisions, with particular regard to the case law on managerial roles in health administrations and local authorities. Subsequently, after an analysis of the aspiration to the managerial assignment as a legitimate interest of private law - to which corresponds the obligation of the public administration to comply with the principles of correctness and good faith - the Author deals with the possible legal remedies for the cases of unlawful exclusion from the assignment of the managerial role, highlighting how the remedy most frequently emerging from the case law is the compensation for the damage deriving from the loss of chance.

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