Confidently approved the PA Decree 2023. measure, armored by trust placed by the Government, will become law only after the passage to the Senate which must take place by 21 June 2023. The procedure of the legislative decree in the two commissions was characterized by various controversies, which mainly concerned the amendment (approved) which intervenes on the functions of the Court of Auditors on the projects of National Recovery and Resilience Plan (PNRR). The change was harshly criticized by the opposition and rejected by the accounting magistrates themselves. In addition to the tightening on the Court of Auditors, however, there are other important ones news. From school to hiring in the PA up to new rules for public tenders: here's what changes.
PA decree, here are the main changes
To name a few, in the Pa decree there are news regarding tax shield, public competitions, the School and recruitment.
Public tenders: what changes
There are many innovations in the context of insolvency proceedings. Here's what they are:
- Duration. First of all, public tenders must be concluded within six months, calculated from the deadline for the application to participate.
- Seat reservations. In competitions for the recruitment of non-executive personnel announced by public administrations, as well as in special companies and institutions instrumental to the activity of local authorities, a reserve of places equal to 15% is introduced in favor of voluntary operators who have concluded without demerit the universal civil service.
- Reviews. Until 31 December 2026, the calls for tenders for non-top management profiles may provide for the carrying out of the written test only, therefore, the oral exam will not be necessary. The whole procedure, from the announcement to the applications to the results, will take place on the InPa Portal.
- Territorial basis. Single contests can be organized on a territorial basis. In these cases, the notices of competition provide that each candidate may submit an application for participation for no more than one of the profiles covered by the notice and, with respect to this profile, for no more than one territorial area. So as to limit cancellations.
- Idoneità. In public competitions, candidates placed in the final ranking within 20% of the places following the last of those announced are considered suitable. In the event of renunciation of hiring or resignation of the employee occurring within six months of hiring, the administration may proceed with scrolling the ranking within the limits of the aforementioned 20%. And, finally, if the difference between male and female quotas should be greater than 30%, with equal titles and merits, priority will be given to the less represented gender. Finally, the examination commissions could be integrated with human resources experts.
PNRR and tax shield
In particular, it removes the Court of Auditors il control concurrent – i.e. in progress – on all expenses of the funds of the PNRR and the National Complementary Investment Plan (PNIC).
The public administrations are also recognized as having the possibility of conferring general and non-general managerial positions on subjects outside the administration roles within the limit of 12% of the respective staffing endowments. This derogation only applies to the filling of posts in the divisions that hold the status of implementing bodies of the PNRR and until 31 December 2026.
Besides, it was extended for one year - until 30 June 2024 instead of 30 June 2023 - the so-called revenue shield for state leaders. Consequently, until that date, the liability of subjects subject to the jurisdiction of the Court of Auditors in matters of public accounting for the liability action of (art. 1 law 20/94), is limited to cases in which the production of the damage resulting from the conduct of the acting subject is willfully intentional.
Unpaid leave and reservation of places
The maximum period has been extended from 12 to 36 months unpaid leave (i.e. without checks and without starting the length of service), recognized to civil servants (renewable once only) also for starting up professional and entrepreneurial activities. Without prejudice to the possibility of taking advantage of the leave provided for by art. 23-bis of Legislative Decree 165/01.
For the public and private sectors, it is foreseen the possibility of identifying, with reference to the quota reserved by current legislation for the compulsory hiring of persons falling within the protected categories, any stocks in favor of groups of people with disability for whom there is a greater difficulty of entering the job.
Beyond the public competitions, what changes for the school?
In the Pa decree, there are also several innovations for the school. First, the mobility of school leaders: 2023% of the number of vacancies in each region is made available exclusively for operations in the 2024/100 school year. The implementation of this provision must not result in situations of redundancy of personnel for the three-year period relating to the school years 2023/2024, 2024/2025 and 2025/2026.
Furthermore, they can be arranged for the 2023/24 school year faculty assignments e school leaders, within the maximum limit of 150 staff units, in organizations and associations that carry out activities for the prevention of psycho-social distress, assistance, treatment, rehabilitation and reintegration of drug addicts, professional associations of managerial and teaching staff and cooperative organizations promoted by them, including bodies and institutions that carry out activities in the field of training and educational and didactic research.
As regards the support, the decree provides for: quick calls for vacant positions (they may be assigned to candidates from other provinces who can apply for employment), substitutes for teachers included in the GPS with reserve having obtained a qualification abroad and, lastly, the candidates with three years of service in the last 5, in possession of a suitable educational qualification, they will be able, until 31 December 2024, to access specialization courses on support (TFA support) without taking the pre-selective test.
New hires
Public administrations can strengthen their structures, with particular regard to those involved in the implementation of the PNRR or in the protection of public health and safety. Approximately are expected 3.000 assumptions in the ranks of Pa, of which over 2.000 in the police. There is also the possibility of stabilizing people hired on a fixed-term basis, who have completed 36 months in public administrations, with a positive outcome of their activity.
Until 31 December 2026, certain public administrations are granted the possibility of hiring, within the limit of 10% of their employment potential, young graduates with an apprenticeship contract or, through special agreements, students under the age of 24 with an apprenticeship contract training and work, to be classified in the functionaries area. It is also envisaged that, always within the limits of the employment faculties, at the end of the contracts, the employment relationship becomes indefinite, on condition that the requirements for access to public employment are met and the service provided is positively assessed.
