La dirigenza pubblica in Italia nel D.Lgs. 30 marzo 2001, n. 165. Riforme recenti e prospettive integrate di ricerca.

In the area of the employment by the public administrations, the management assumes nowadays a pivotal and decisive role for the feasibility of any reform or modernization of the bureaucracies on their whole and in their complexity. The key point of the work of research comes from the idea that an insertion of the private working regulation in the system of public employment is not only risky for the entire administrative apparatus, but it will also lead to an inevitable rejection crisis, particularly in the light of the Legislative Decree 30 March 2001, n . 165, as amended by Brunetta reform (Law 4 March 2009, n. 15, implemented by Legislative Decree 27 October 2009, n. 150) and subsequent legislation. The concept of performance juxtaposed with the figure of public manager involves an ontological mutation of the entire working proceedings of the public administration, which should be firmly anchored to the dictates of art. 97 of the Constitution, where the concepts of impartiality and efficiency are emphasized: here a specific performance is not at the expense of another one but on the contrary it constitutes an inseparable hendiadys. Furthermore, more elements are to be added: innovations in terms of codes of conducting that lead the public employer to implement them effectively within the public administration, but without a marked reorganization of the structures, thus complicating their own practical implementation; the continuous and progressive debasement of the unions which are now emptied of their operating margins; the system of attribution of leadership positions associated with the difficult (and still unresolved) functional separation between politicians and bureaucrats, with the consequence of making the performing administrative structure only a theoretical and potentially utopian abstraction; and finally the difficult and complex path to reach an effective (and impartial) implementation of the so-called spoils system. The public director cannot be simplistically equated to the role of private manager, because unlike the latter is blocked by a number of rules that penalizes painstakingly their practices operating in a continuous tension between the “award” of the so-called remuneration of result or confirmation \ reappointment of the role, and the "punishment " or the so-called managerial responsibilities ex art. 21 Legislative Decree 30 March 2001, n . 165, but may also find a virtuous space of actual managment in the use of the so-called best practices. Therefore, the idea of implementing the best practices of organizational wealth, permanent learning, culture of equality and dialogue with the social partners makes less smoky the road that leads to the "good" administration, where the manager goes further and beyond the logic of efficiency in personnel management and the achievement of goals, already consolidated in the evacuative cycle of the performance, to look with more awareness the "means" besides the "aim", in the outlook that the administrative efficiency on its own is not a value: the value is the human being and his/her dignity.