RISULTATI RICERCA

The problem of the duration of the jurisdictional proceedings is of the great actuality and has been object of study and of sociological analysis in several fields: civil, penal and administrative. The research on the jurisdictional proceedings of the Auditing Department clarify and verify the situation of the account magistracy. It has taken the movements from the Auditing Department, that institutionally collects the statistical data, and elaborates them to the aims of the inner control. The elaboration of the data on the base of specific index, for fields and for geographic areas, has evidenced, for the activity of the «Procure», for the judicial accounts and for the pension administrative-accountant jurisdiction a trend in increase of the medium lying (equal approximately to 3 years) to forehead of a number of proceedings introduced medium in lessening and a number of final pendants in increase in several the fields. Acquired such data We have been thought opportune also to estimate, through one appropriate questionary, the perception that the magistrates of the Auditing Department had relatively to the duration of the jurisdictional proceedings of competence of own office and therefore to find, in presence of unreasonable times, eventual proposals of solution. The research has moved on a mostly exploratory slope. The territorial context has been limited to the various regional jurisdictional sections and «Procure» of the Auditing Department. The outcome have confirmed the result of sociological analyses also for other judicial fields: deficiency of human resources and tools, insufficient quality of the substantial laws and normative change too much express, insufficient managerial culture, deficiency of inner controls. We are outlined, also for the jurisdictional field of the Auditing Department, the remedies individualized in previous studies: legislative and organizational reforms, control of the normative change, improvement of the quality of the norms, systematic monitoring, deontologic production formalization of operators and of the relatives controls, introduction of informatics and telematics instruments such as the telematic process. The computer science technologies cannot resolve the problem alone if they are not supported from one new managerial culture founded on the programming for objective, on the measurement of risults and with consequent rationalization of the costs. The excessive duration of the jurisdictional proceedings is shaped like denied justice. It’s for this reasons that the reduction of times and cost of the processes constitute one political priority of the Minister Castelli in the general directive on the administrative activity and on the management for year in course in order to satisfy the requirement of justice which synthesis between the fundamental rights of the citizens to the emergency and guarantees.

This research about military justice in Italy indicates how a certain slowness of proceedings definition is attributable mainly to legislative and political deficiencies. Specifically, according to judges and clerks of Italian military courts, it’s not lack of resources or obsolete laws and inadequate procedures which prejudices the duration of military trials. Only the legislator and the politician can overcome all anomalies. Anyway remains in the responsibility of the judges the excessive number of adjournment of the hearings.

The economic aspects of the state jobs in Italy reflect, and it could not be different, the typical idea of the Italian society according to which, the appraisal of the administrative activity is based on compliance with regulations defined by a not well identified «structure»; the rule which limits and guides state officers should be a assurance for citizens, but it becomes the objective of their activity. Bureaucrats are no more responsible to respond to requirements of their community, but their source of security and satisfaction is the compliance of their action with detailed procedures. Giovanni Minniti has made a social and economical analysis of the components which constitutes the wages of the Italian state employees: this analysis, based on an appropriate statistical methodology and on the legislation related to state employees, examined the trend of wages in relation to inflation from 1960 to 2000. It has also been developed a comparative analysis between wages of various kinds of state employees and the most important industrial categories of public companies employees. Considerations have been made about the social position of bureaucrats in Italy taking care of their different levels of responsibilities, and about social poverty within employees in general with related effects on the social participation. The outcomes of the research have been represented in graphics and statistical tables, starting from the strong belief of Giovanni Minniti that changes in remuneration and career could represent one of the most significant incentives to modify present bureaucratic education from an obstacle for the community, to an active element of its social and economic development.

A growing number of authors point out the importance of the European integration for the new regional mobilization, known as neo-regionalism. In particular, literature shows the importance of the regional political institutions in the partnership arrangements regulating the Structural Funds programming process. France shows an interesting albeit partially alternative development: decentralization has been followed by deconcentration, reassessing the role of the regional prefect in the territorial relations. As a consequence, the centrality of a central government representative in the regional political system entails a deeper transformation of the French state: from the État Providence to the État Coordinateur.