Defensive Burraucracy and Responsibility in the Italian Administrative System

Call: https://prin.miur.it/index.php 2022 Decreto Direttoriale n. 104 del 02-02-2022

Scientific Supervisor UNITUS: BATTINI Stefano

Any other UNITUS members of the working group: VESPERINI Giulio

Department: DISTU

Brief Description:

Italian bureaucracy finds itself between a rock and a hard place. On one hand, it must enforce legislation from various national, local, and international sources, which is abundant, confusing, and constantly changing. Simultaneously, it must navigate decisions impacting an increasing number of interests, requiring complex procedures involving multiple stakeholders. On the other hand, public officials face pervasive scrutiny prioritizing procedures over outcomes, accompanied by a regime of administrative, disciplinary, and criminal responsibility. In this context, bureaucracy reacts defensively. Officials avoid responsibilities by refraining from making decisions, shifting the burden onto others, or seeking opinions or judgments from oversight bodies to shield themselves from the risk of administrative, disciplinary, or criminal penalties due to alleged illegality. The research project aims, among other things, to: compare the Italian system of responsibility with that of other European countries; critically analyze the imbalance between the excessive development of the responsibility regime for procedural errors and the underdevelopment of the responsibility system for outcomes in the Italian public administration; conduct a comprehensive assessment of the impact of various forms of responsibility (criminal, administrative, and civil) in four sensitive areas of administrative action: public procurement, environment, urban planning, and external assignments; and indicate potential reforms of the regulatory framework.

Research Impact:

The research project can have a significant economic impact by generating scientific knowledge and immediately applicable reform proposals, particularly to improve the implementation of the National Recovery and Resilience Plan and the administrative reforms outlined therein, particularly concerning regulatory and administrative simplification. Some of the sectors examined in this project (procedures in environmental, urban planning, and procurement matters) are explicitly mentioned in the PNRR, and it is expected to identify “600 administrative procedures in sensitive disciplinary areas for citizens and businesses, which will be simplified and redesigned by June 30, 2026.”

The hyper-cautious attitude of public employees itself slows down administrative procedures. Therefore, to identify the “bottlenecks,” it is necessary to consider not only the structure of the procedures and the complexity of the regulations but also the perspective of public employees, in light of the responsibility regime that applies to them. Partners: MANES VITTORIO (BOLOGNA) -TONOLETTI BRUNO (PAVIA) – BOTTINO GABRIELE (MILANO)

Role of the University of Tuscia: PI

Potential Impact on Students and/or Courses:

The project pays specific attention to general topics of administrative law and criminal law, particularly regarding the responsibility of public employees. This could have positive implications for the teachings of the law degree course, but also more generally for courses directly or indirectly related to the functioning of public administration. The training of administrative personnel at the university and other public administrations in the territory could also benefit from the research results.

Total Project Funding (for the 4 operational units):

€309,525 (€85,918 for Viterbo units)

MUR Funding:

€225,000 (€57,535 for Viterbo units)