Administrative procedure on the road of returns: considerations on your (in)practical application in the field of public education

Abstract

This article analyzes the normative requirement referred to the administrative procedure in way of return on the tea chers when they commit serious fraud, fault or negligence in the exercise of their work and as a consequence there is an unlawful damage to a third party, of which a patrimonial responsibility of the Public Administration is derived. The requirements for the exercise of the action of repetition of the Administration on the staff at its service are analyzed and the reasons that might motivate what at present has become a manifest practical non-application of an administrative rule in general are analyzed and in the field of public education in particular.