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.