As it stands, Giorgio Napolitano does not like public administration reform. The legal offices of the Head of State have expressed more than one perplexity about the measure, first of all because it looks like a classic omnibus decree, uneven and inconsistent, made up of 82 articles in 71 pages but without indexes and technical reports. Much better, according to the Quirinale, to unpack the measures into at least two measures.
As for the contents, the critical issues identified by Colle primarily concern the cut of 90% of the "propine" that are due to state lawyers (fees already reduced by the Stability law) and the suppression of detached sections of the TAR. Two chapters that have the character of "regulatory rules" and should therefore be reported in a bill.
The part relating to "generational change in public administrations" met with the opposition of the magistrates, who were against the repeal of "retention in service" beyond the age limit of seventy, fearing that it could create sudden staff gaps, with relative decay of many processes. Il Colle advised resolving the issue with a one-year transitional regime and consultation of the judges' self-government bodies, while leaving the entire discipline to the legislator.
Also at risk of being unconstitutional is the rule which assigns the prefect the temporary management of a contractor company suspected of corruption, with the aim of completing the execution of the appeal contract: the risk is to trigger a chain of disputes, for which would require more detailed application assumptions.
