L’apertura della dirigenza pubblica agli “stranieri” per la gestione dei musei (Commento alla sentenza dell’Adunanza Plenaria n. 9/2018)

The question about foreigners' access to public management had a key turning point with the Plenary Session of the Italian Council of State decision in June 2018. The question refers in particular to museum directors. In this respect, changes have been recently made in the legal framework by Minister Franceschini’s reform (legislative decree 31 May 2014, No. 83). The heart of the sentence is linked to the well-known question about the ‘reservation of citizenship’ connected to the nature and functions of public management in the Italian legal system. In fact, this issue refers to the Nineteenth Century distinction between ‘acts of imperio’, the expression of the puissance publique, and iure gestionis, where the possession of Italian citizenship is traditionally necessary for the exercise of public functions. The case law moves in particular from a hermeneutic diatribe on 1994 rule, the D.P.C.M. 7 February 1994, n. 174, which provides the exclusion for people without Italian citizenship from managers of public administrations roles. However, this topic can only be tackled considering the European principle of freedom of movement for workers, by art. 45 T.F.U.E. and its interpretation by the European Court of Justice.