Libertà e autorità nella disciplina del cumulo di attività, cariche, impieghi e incarichi del dipendente pubblico = Freedom and authority in the regulation of aggregation of activities, offices, jobs and positions of the public employee

Enrico Maria Mastinu

2025-01-01

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Abstract

The essay analyzes the regulations concerning the incompatibilities of public employees, from the perspective of the protection of rights. The discussion overturns the traditional approach: instead of beginning with the identification and definition of the cases governed by prohibitions, it starts by examining the remedies provided by law: dismissal from employment, disciplinary liability, compensation for damages due to service disruption and harm to reputation, and, finally, the obligation to return fees received from third parties for unauthorized assignments. The nature and scope of application of this last measure are critically reassessed in light of prevailing interpretations. The proposed view is that it should not be considered a form of civil or public damage compensation, but rather a restitution of undue payment, with a scope limited solely to cases involving the unauthorized performance of individual freelance assignments. This excludes other legally defined situations of incompatibility (such as practicing a profession, running a business, accepting an office, or holding multiple subordinate jobs). The study concludes by outlining the practical consequences of this proposed interpretation, namely the specific forms of legal protection available to both the public administration and the employee within civil and public accounting proceedings.