Mobilità intercompartimentale dei dirigenti scolastici. Disciplina vigente, disallineamenti ordinamentali e prospettive di riforma

External voluntary mobility is one of the instruments through which the Italian legal system promotes a more efficient allocation of professional expertise already available within public administrations. However, the legal framework governing mobility in public employment is not uniform: alongside the general provisions laid down in Article 30 of Legislative Decree No. 165 of 30 March 2001, special regulations apply according to the structure of collective bargaining sectors and areas. This article examines the position of school principals, whose managerial role, as recognised by case law, is characterised by specific regulatory and functional features, while remaining part of the broader system of public-sector management. The analysis explores the relationship between general and special legislation, with particular reference to Articles 25, 29-bis and 30 of Legislative Decree No. 165/2001, the rules governing intercompartmental mobility, and recent legislative and administrative developments. It argues that the issue cannot be reduced to the mere question of whether Article 30 applies or is excluded. Rather, it requires an assessment of the reasonableness of the existing regulatory distinctions and their consistency with the constitutional principles of equality, impartiality and sound administration. From this perspective, the article outlines possible reforms aimed at ensuring effective professional mobility for school principals within the public administration system, while preserving the distinctive functional characteristics of their managerial role.

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Publication Details

Journal
Aequitas Magazine
Published
2026-11-09
DOI
https://doi.org/10.5281/zenodo.24002610
Primary Topic
Administrative Law and Governance
Type
article
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article

Mobilità intercompartimentale dei dirigenti scolastici. Disciplina vigente, disallineamenti ordinamentali e prospettive di riforma

Dario Tumminelli, Carmelo Salvatore Benfante Picogna
Aequitas Magazine
Administrative Law and Governance
article

Mobilità intercompartimentale dei dirigenti scolastici. Disciplina vigente, disallineamenti ordinamentali e prospettive di riforma

Dario Tumminelli, Carmelo Salvatore Benfante Picogna
article en

Abstract

External voluntary mobility is one of the instruments through which the Italian legal system promotes a more efficient allocation of professional expertise already available within public administrations. However, the legal framework governing mobility in public employment is not uniform: alongside the general provisions laid down in Article 30 of Legislative Decree No. 165 of 30 March 2001, special regulations apply according to the structure of collective bargaining sectors and areas. This article examines the position of school principals, whose managerial role, as recognised by case law, is characterised by specific regulatory and functional features, while remaining part of the broader system of public-sector management. The analysis explores the relationship between general and special legislation, with particular reference to Articles 25, 29-bis and 30 of Legislative Decree No. 165/2001, the rules governing intercompartmental mobility, and recent legislative and administrative developments. It argues that the issue cannot be reduced to the mere question of whether Article 30 applies or is excluded. Rather, it requires an assessment of the reasonableness of the existing regulatory distinctions and their consistency with the constitutional principles of equality, impartiality and sound administration. From this perspective, the article outlines possible reforms aimed at ensuring effective professional mobility for school principals within the public administration system, while preserving the distinctive functional characteristics of their managerial role.

Aequitas Magazine
Aequitas Magazine Associazione culturale di Ricerca e Studi giuridici (IT)
Administrative Law and Governance
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