La prestazione lavorativa pubblica alla prova delle responsabilità amministrative

The essay examines the relationship between public employment performance and the system of administrative liability, highlighting how legislative and judicial developments have progressively affected the balance between accountability mechanisms and the efficiency of public administration. Starting from the distinctive nature of public work, which is inherently aimed at pursuing the public interest, the paper analyses the central role of the subjective element in administrative liability and the risks associated with the phenomenon of “defensive bureaucracy”. Particular attention is devoted to recent reforms, the regulation and subsequent repeal of the offence of abuse of office, and the impact that fear of liability may have on the decision-making capacity of public officials. The authors argue for a balanced framework capable of safeguarding legality and accountability while preserving administrative effectiveness, professional autonomy, and the quality of public service performance, promoting a model of functional responsibility grounded in good administration and institutional trust.