DOI: 10.4399/979122182605022
Pages: 401-417
Publication date: June 2026
Publisher: Aracne
SSD:
IUS/09 IUS/14 IUS/21
In the jurisprudential practice concerning the issue of damages arising from abuse of fixed-term contracts in public employment relationships — a subject profoundly influenced by European Union legislation and the evolving jurisprudence resulting from the dialogue between national and European higher courts — compensatory obligations are construed as the outcome of a public law sanctioning damage with European relevance. However, it risks proving ineffective both for the overall system and for the individual due to the peculiar characteristics of ambulatoriness and retrocession that may apply. This contribution aims to stimulate ongoing debate ensuring that the discourse on this matter does not remain stagnant.