MiBACT intends to appeal and seek a stay of the rulings of the Tar

Regarding the international public selection process for the appointment of directors of autonomous state museums, MiBACT says a transparent procedure was followed, a very high-profile committee was appointed, and international standards were used for evaluation.
MiBACT will appeal and seek a stay of the Tar’s rulings.

Below is the full statement published on the MiBACT website:

With reference to the international public selection procedure for the appointment of directors of the autonomous state museums on which the Tar ruled annulling the appointment of 5 directors (Ducal Palace of Mantua, National Archaeological Museum of Naples, National Archaeological Museum of Taranto, National Archaeological Museum of Reggio Calabria, Estensi Galleries of Modena), the Mibact will present, today, an appeal to the Council of State and request the suspension of the rulings.

The entire selection procedure was carried out in accordance not only with European and national law, but also with the highest international standards, as recognized by the International Council of Museums (Icom).

The selection of the directors was carried out by a commission of the highest scientific profile chaired by the president of the Venice Biennale and whose members included such authoritative figures from the international cultural scene as the director of the National Gallery in London, the rector of the Wissenschaftskolleg in Berlin, and the current cultural advisor to President Macron.

The criticisms made by the Tar invest three aspects: citizenship of the nominees, transparency of the procedure and evaluation criteria. In this regard, to facilitate the work of the editorial offices, the Ministry of Cultural Heritage and Activities and Tourism specifies that:

CITIZENSHIP
European law and the principle of free movement of workers in the EU, confirmed by many years of case law of the Court of Justice and more recently by the Council of State, allow the granting of management positions to EU nationals. The Lazio Regional Administrative Court seems to have applied the civil service law (Art. 38 Legislative Decree No. 165 of 2001) in a very restrictive way, thus ignoring the progress made by subsequent case law, both Italian and EU.

TRANSPARENCY
The procedure was transparent and public, every step was published on the Ministry’s website, the interviews did not take place ’behind closed doors’ and were fully recorded on accessible audio files like all other acts of the selection. The selection was carried out in accordance with the highest international standards, guaranteed by a high-profile scientific committee, composed of senior figures from leading European cultural institutions.

EVALUATION CRITERIA
Candidates who met the requirements and were therefore admitted to the selection process were evaluated by the commission, in addition to the criteria of the Civil Service Law (Art. 19 paragraph 1 of 165/2001), taking into account their academic qualifications and publications, professional experience, technological and linguistic skills, knowledge of the Italian cultural heritage and the MiBACT organization. The candidates deemed most suitable, up to a maximum of 10, were called for an interview that led to the identification for each museum of a trio of names, to which three categories of judgment (A, B and C)-corresponding to precise score ranges-were attributed, as per the most advanced international standards, and from which the final choice of director was made.
While waiting for the Council of State to rule, the Mibact will ensure the smooth running and continuity of all museums involved.

Source: MiBACT

MiBACT intends to appeal and seek a stay of the rulings of the Tar

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