La pubblica amministrazione e l’etica delle istituzioni pubbliche: la questione dei codici di comportamento
DI GIULIA TORTA
ABSTRACT – Public employees are bound to comply with specific duties and
rules of conduct that broaden their sphere of responsibility compared to
that of ordinary citizens. The ethics of public institutions is crucial for the
development and interpretation of the duties and behaviours established
by the code of conduct. Accordingly, it is interesting to explore the
possibility of enhancing the moral characteristics of the subjects called to
perform a public function considering the Aretaic theory. In the Italian
context this theory appears decidedly in line with both the constitutional
provision that identifies law as a social practice and the ideal of the rule of
law. A key element of the Aretaic theory is the willingness of the individual
to comply with the ethical standards, however that is not always the case,
and this refusal cannot be tolerated by the legal system. Therefore, the
challenge of applying the Aretaic theory lies in reconciling this approach
with the necessity to sanction employees’ violations. The nudge regulation
could be the right tool to prod citizens towards implementing behaviours
aimed at increasing their own well-being and that of the community
without imposing sanctions. Nevertheless, many doubts have been raised
about this solution too.
KEYWORDS – Public servants, duties of conduct, aretaic theory, nudge
regulation, ethics in public institutions