Proposed law: ERMELLINO and others: "Amendment to the 930 article of the code of the military system, as per 15 March 2010 Legislative Decree, 66, on the transit of civilian use of Armed Forces staff deemed unfit to unconditional military service "(1498)
The bill n. 1498 presented by the Hon. Alessandra Ermellino, Member of the 5 Stars Movement and member of the Defense Commission of the Chamber of Deputies, through the amendment of art. 930 of the Military Ordinance Code, aims to allow the senior officers, judged no longer suitable for military service, to transit directly in the roles of civil Executives of the State, in disregard of all the rules of the CCNL management Central Functions Section.
Indeed, today, after the entry into force of the legislative decree n. 94 of the 29 May 2017, bearing the so-called "Career reordering", with whom the "managerial qualification", by decree, to over ten thousand officers (all officers in the rank of Major and Lieutenant Colonel - Captain of Corvette and Captain of Fregata for the Navy), the same is precluded the possibility of requesting transit in the civil roles of the Defense, in As the Tables attached to the Decree of Police Police Reorganization (Legislative Decree 95 / 2017), referred to by the 1 article of the Military Reorganization Decree (Legislative Decree No. 94 / 2017), do not provide for the possibility of transit for the Officers Officers.
The old proposal for a transit table, agreed with the then Undersecretary Pinotti on 12.11.2013, provided, however, Cum grain salis, the classification in the 3 Area of the Officers de quibus, in full respect of the professionalism and dignity of the Ministry's civilian managerial staff, allowing the transit in the managerial role of the Defense of the Officers only and "Of military personnel with the rank of First Marshal, also with the status of Lieutenant, as long as he holds a degree or a four-year old degree or by having carried out, with positive evaluation, an assignment that the order assigns to the officers ... .. ".
Moreover, if it is true that the art. 627 of the D. Lgs. N. 66 / 2010, as modified by the art. 1 of the D. Lgs. N. 94 / 2017, in the paragraph 3 asserts that "The career of the officers, responsible for carrying out the functions of direction, command, direction, coordination and control of the units placed under their control, has managerial development.", this postulate has value only in the military career and not in a possible transit in the civil career.
All the strong and moving concerns raised by the Honorable Ermellino on the need to protect the military personnel responsible for illness, and as such no longer suitable for military service, "In order to avoid compromising the dignity and protection of the person in their work and social context"In reality, they do nothing but further harm, in a serious and irreparable way, the dignity and protection of the person of the civil servants of the role of the Defense in their work and social context.
In fact, should such a bill be approved, we will soon be faced with a probable increase in requests for recognition of unfitness for service by young officers who are not inclined to possible and continuous transfers, with non-brilliant careers, under the regime contributory pension and with great interest in covering civil management roles, on the one hand to lengthen one's working life (with a consequent increase in pension) and on the other to fill positions which they would never have received while remaining in the military career .
The Hon. Ermellino, therefore, demonstrating a little in-depth knowledge of the subject or, worse, a very low consideration towards the Officials of our Ministry, proposes to solve the problem by attributing the title of civil executive to senior officers (Major and Lieutenant Colonels) judged no longer fit military service, without any reflection on the possible detrimental consequences of this project.
If the proposal were to be implemented, as already mentioned, the professionalism of the civil servants would be further developed, which would be passed on without any merit and without passing a special competition, the military having the sole title of having matured. length of service (achievement of the highest degree to 15 years from admission to the academy) to allow for the rank of senior officer (while for civilian employees there is no career progression determined solely by length of service) and without forgetting, then, that the majority of senior officers belonging to special roles are also without a degree.
Article. 930 of the Military Ordinance Code states, in particular that "The staff of the Armed Forces judged unsuitable for unconditional military service for injuries caused by service or not, passes through the functional qualifications of the civil servants of the Ministry of Defense, according to procedures and procedures defined by decree of the Minister of Defense, in agreement with Ministers of economy and finance and public administration and innovation. "
The procedures and procedures to be defined by an inter-ministerial decree must be, however, respectful of the rights, competence and professionalism of all the parties involved and, therefore, also of civil servants of the role of the Defense, so as not to further penalize a component important of the Ministry which, in the last few years, has already had to passively attend legislative provisions for improvements aimed exclusively at the military.
In fact, the civilian personnel of the Ministry of Defense, classified in the three functional areas (from A1 to A3), is strongly penalized, with the same quality and quantity of the work performed, compared to the military personnel who, used for non-operational activities, the identical functions.
This unjustified diversity of treatment is revealed in open and evident contrast with the principle of fair remuneration as per art. 36 of the Constitution and with that of equality, ratified and regulated in art. 3, first paragraph, of the same Charter. In particular, the principle of equal social dignity of all citizens makes all the provisions linking particular distinctions with a social circumstances independent of capacity and merit.
A natural consequence of the aforementioned constitutional provision is that the remuneration must be commensurate on the basis of objective elements and parameters, such as the time taken to carry out the work, the quality and quantity of the work. According to settled and consolidated jurisprudence, then, the remuneration must also be proportionate to the length of service acquired: this is because it is considered that, as the length of service increases, the work carried out and, consequently, the salary also improve. must adapt to a new level of work quality. From this fundamental constitutional principle comes the unconstitutionality of the different remuneration treatment between civilian and military personnel not respectful of the proportionality dictate or even, as in this case, strongly discriminating.
Furthermore, it should be noted that, since January 2018, the military personnel who hold the rank of First Marshal, deemed no longer suitable for military service, transit as 3 ^ Area - F3 Officer of the Central Functions Section, as provided in the Tables above. , even if in possession of only the secondary school degree.
In this regard, it is necessary to clarify that they belong to the third Area, for whose access from the outside it is foreseen the possession of the master's degree, specialized or old order, the workers who, in the framework of general guidelines, for the knowledge of the various management processes, perform , in units of non-executive level to which they are responsible, functions of direction, coordination and control of activities of significant importance, or workers who perform functions that are characterized by their high specialized content and for the wide levels of responsibility and autonomy.
The possession of the university degree, considered relevant and essential in the competition phase for access to the Third Area of the Central Functions Section, falls within the perspective of the adoption of objective and transparent mechanisms, suitable to verify the possession of the aptitude requirements and professionals required in relation to the position to be filled.
The transit of the First Marshals in functional positions for access to which the possession of the degree is required, is therefore very contrary to all the principles set out above, further debasing the professionalism and experience of the civilian graduates of the third area, which, in this way, is considered functionally equivalent to former non-commissioned officers, even non-graduates, having also to suffer the further affront of the payment of a far lower remuneration.
In the coming years, by virtue of the rules in force, there will be an ever-increasing presence of former military civilians, with economic penalization for civilians only "Pure" which will become a minority and with ever fewer career prospects due to the saturation of functional areas. It almost seems that we want to create an obscure design in which, in the not too distant future, the Ministry of Defense can be constituted exclusively by military servants and former soldiers transited in civil roles.
Every improvement in the Defense Department is, in fact, always and exclusively addressed to military personnel and this also in contradiction to what was declared in the 26 July 2018 in Joint Commissions of the Chamber and Senate by the Minister of Defense, Dr. Trenta, exposing the lines programmatic and asserting "I consider investment in Civil Defense Personnel as a priority", with the inclusion of the "Relaunching and Enhancement of the Civil Defense component" at the first point of the OGG.
In reality, many critical issues could be overcome by allowing transit in "Public regime" of the civil defense personnel with the extension to the same of the art. 3 of the Legislative Decree n. 165 / 2001 (Legislative Decree 30 March 2001, No. 165 - General rules on the regulation of employment employed by public administrations, in GU 9 May 2001, No. 106). In this way, even the positions of civil executive could be attributed, in art. 3, as a priority, to current civil servants who meet certain requirements and not only to senior officers no longer eligible for military service.
It is true that the specific nature of the civil defense personnel would require greater economic resources, but it would also allow for greater efficiency to be achieved and to close, perhaps definitively, the current serious problems. In fact, it must be considered that, at present, in the Ministry of Defense there are 175.000 military under public law (not all operational) and 26.000 civilians under private law and, for the 2024, in compliance with the process of revision of the national military instrument started with the 244 law of 2012 and the descendants of legislative decrees n. 7 and 8 of 2014 and subsequent modifications and additions, the numbers to be realized will be the following: 150.000 military and 20.000 civil, for a total of 170.000, with the natural consequence that both components could coexist under public law, being the total lower than the current 175.000 units under public law.
Photo: US DoD archive