“The IISA National Section, to which San Marino managers and public officials adhere, following an analysis begun in 2018 has prepared a document of Guidelines for the proposal to revise the legislation on public management”.
This was announced in a press release. “In the IISA document the inadequacy of the current legislation is reported, linked to the managerial figure in the Public Administration, its precariousness and its total structure with respect to the political bodies. We remind you that the Public Management in San Marino, like other states of law, should be the highest and most significant oversight of legality, impartiality and the efficiency and effectiveness of administrative action. These principles are contained in the Declaration of Citizens’ Rights and the Fundamental Principles of the San Marino Law. The subordination of the San Marino Public Management to the Executive Power and to the political power risks undermining their independence and impartiality.
The Republic of San Marino has the great need for a public ruling class that is professional, expert and of a high level, not precarious and that gives continuity and solidity over time and functions to the administrative action, also in view of the necessary and always more intense negotiation meetings, with the stipulation of agreements, at the tables with Italy, Europe and with international interlocutors.
With respect to this framework of needs for the protection of the common good, development and security of the state, as citizens and as public managers, we have for some time been witnessing critical issues and reports of distrust with respect to the methods of selection and reconfirmation of public management.
The critical issues can probably be traced back to some specific aspects:
the precariousness of the legal relationship of the public manager, currently three years and with the possibility of renewal (law 108/2009), makes participation in the selections to access public managerial positions unattractive, so much so that public selections are frequently made with only 2 o 3 candidates;
the disparity of selections with a regulatory study lift compared to selections with only the motivational interview or on the basis of the professional curriculum;
the growing increase in highly contentious situations, which led to the request to the managers themselves to sign contractual clauses of law prejudicial to subjective rights and legitimate interests on the subject of judicial protection and trade union protection.
In light of this set of criticisms, the IISA Association reiterates the urgency of a regulatory change that incorporates what has already been proposed in the guidelines and specifically: access to public management guaranteed through public competitions which can be accessed by attending a course of advanced training, favoring the course-competition formula; the creation of a ruling class with the attribution of permanent employment relationships, according to the criteria of labor law; the provision of institutions for termination of the employment relationship to motivate causes of incapacity or inadequacy in the managerial function, with relative judicial protection.
We believe that both law no. 108/2009 (law on management) that the other regulations on the selection of public executives and at the same time there must be heeded by the institutional bodies with respect to a proactive and improving role of the IISA Association itself “.
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