Prohibition of Concurrent Appointments: Commentary on Ordinance No. 19823 of 2024

The recent ruling of the Court of Cassation with Ordinance No. 19823 of July 18, 2024, provides important clarifications regarding the prohibition of concurrent appointments for general directors of healthcare companies operating as self-employed professionals. This issue is particularly relevant in the context of the National Health Service (SSN), where transparency and the prevention of conflicts of interest are essential to ensure an efficient and impartial public service.

The Regulatory Context of the Prohibition of Concurrent Appointments

According to Italian legislation, particularly Article 3-bis, paragraph 10, of Legislative Decree No. 502 of 1992, the prohibition of concurrent appointments applies not only to public employees but also to self-employed professionals who hold positions of responsibility within healthcare companies. This principle is further supported by Article 53 of Legislative Decree No. 165 of 2001, which aims to prevent potential conflicts of interest arising from the simultaneous exercise of multiple professional activities.

General director of healthcare companies - Self-employed professional not a public employee - Prohibition of concurrent appointments - Applicability - Basis - Consequences. The self-employed private professional who holds the position of general director of healthcare companies is subject, like those with an employment relationship with public administrations, to the legislation regarding the prohibition of concurrent appointments, as Article 3-bis, paragraph 10, of Legislative Decree No. 502 of 1992 extends the incompatibility to self-employment relationships, such as that established by a work contract with the public entity, in accordance with the objectives pursued by Article 53 of Legislative Decree No. 165 of 2001, to exempt all those who carry out an activity under the, broadly speaking, dependence of the public administration from the constraints that could arise from the exercise of other activities, otherwise resulting in an unjustified disparity of treatment.

The Practical Implications of the Ruling

With this Ordinance, the Court confirmed that even self-employed professionals, despite not being public employees, must comply with the prohibition of concurrent appointments. This implies that a general director of a healthcare company, operating as a self-employed professional, cannot accept additional appointments that may compromise his impartiality or ability to act in the best interest of the public entity.

  • Prevention of conflicts of interest.
  • Guarantee of impartiality in public service.
  • Uniform treatment between public employees and self-employed professionals.

Conclusions

In conclusion, Ordinance No. 19823 of 2024 represents a significant step towards greater clarity and uniformity in the regulation of professional roles in the healthcare sector. The provisions regarding the prohibition of concurrent appointments are fundamental to ensuring transparency and integrity within public administrations, preventing conflicts of interest from compromising the quality of services offered to citizens. It is essential that all actors involved in the healthcare system are fully aware of these regulations to ensure effective and responsible functioning of public institutions.

Bianucci Law Firm