In local government, the valorisation of merit among employees, closely linked with the promotion of greater efficiency in the administrative machine, remains an open challenge. Although the transition from the logic of means and achievements to that of result, through the valorisation of performance, meets cultural resistance by municipal administrations, the fact remains that the “legislative instruments” useful for this purpose – as described in this contribution – are present in our legal system. Municipalities therefore have the potential to recognise and value the best employees, even in circumstances of financial constraints that have limited their ability to spend on personnel. The crucial point is the correct implementation of the system of measurement and evaluation of performance, as well as in the allocation of special resources ad hoc to the budget.

The Court has ruled that the provisions of articles 1, paragraph 2, letter f) and 7, paragraph 2, letter d), of Legislative decree n. 39/2013 are unconstitutional, in so far as they do not allow the appointment of director of a private-law entity - which is subject to public control by a province, a municipality with a population of more than 15000 inhabitants or a form of association between municipalities with the same population - in favour of those who, in the previous year, have held the office of Chairman or Chief Executive Officer of private-law entities controlled by local government.

The Secretary-General ensures (also) an independent control over the activities of local authorities. Therefore, in the light of this function, in addition to that of coordination and oversight, he/she cannot advocate acts of management, except in the event of default. The Administrative Tribunal (TAR) of Calabria, by judgment n. 1653/2022, has declared illegitimate, for relative incompetence, the award of a contract with a decision taken by the Secretary-General rather than the responsible Public Officer.