Dalla musealità nazionale a quella internazionale e ritorno

Abstract

The Italian museum system had turned the page thanks to the important change in the administrative organization sanctioned by the so-called "Museums decree" (decree of the Ministry of Cultural Heritage and Activities and Tourism or "Mibact" of 23 December 2014) and the significant investment in the enhancement that was achieved. However, with an intricate legal matter, ending with the sentence of the Regional Administrative Court for Lazio of 24 May 2017, n. 6171, things have changed abruptly. As a matter of fact, the judge, in fact, has recognized the indirect violation of art. 38 of the legislative decree 30 March 2001, n. 165 (so-called Consolidated Law on public employment or "TUPI") according to which only "citizens of the Member States of the European Union (...) can access jobs in public administrations that do not involve direct or indirect public employment powers, or rather do not concern the protection of the national interest ", thus declaring the illegality of the appointment of a person without Italian citizenship to hold this type of office aimed at exercising authoritative administrative powers, in application of the European and national legislation in force ". All the work is dedicated to claim that although formally right, the verdict is at the end substantially wrong.