In this preliminary, the State Council reiterates that in our system there is no unified concept of public administration and always valid, but different DEFINITION, the content more or less large depending on the ratio underlying the establishment that, in turn, invokes the concept underlying the legislation or the requirements of industry. "There is talk, not at random, the functional concept of the PA, just to indicate that the boundaries of the term vary with the intended function of the standard to which it refers. "
To confirm this, the concept of public administration, within the Community, is extended to the concept of the public body for the purposes of the applicability of legislation on public procedures, while it is less extensive and different in order to apply the exceptions to the principle of free movement of workers or to identify the subject behaviors that give rise to State liability for breach of Community law.
In particular, if a competition, face recruitment personnel, requires, in order to participate, to have gained previous experience in public administration, the data that is to take rlevanza have been recruited by open competition in a given institution, therefore, be classified as Public Administration for the purpose of the notice. It is not, on the contrary, just the fact that the institution was conducted work experience performing public functions, being more widespread the phenomenon of performing these duties by persons deemed to be private.
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