Diritto Pubblico Comparato ed Europeo

Sommario

1. Le società miste per la gestione dei servizi pubblici: ricorrenza del fenomeno e ragioni. – 2. La specialità della disciplina. – 3. Il rilievo della partecipazione comunale. – 4. I problemi. – 4.1. La scelta del socio privato. – 4.2. (Segue): e l’affidamento alla società mista. – 5. Conclusioni.

Abstract

The phenomenon of the so-called “mixed companies” or “public-private companies” to run local public services is present and very vital in all of the principal European systems. This writing sets out a brief description of their regulation in France, Germany, Spain and Great Britain, as well as in Italy. The phenomenon is also considered by the European law: the European Court of Justice declared the model legal, although fixed very strict principles and rules for its use, and the Commission provides that it is one of the forms of the so-called “institutional” public-private partnership in its 2004 Green Book on the issue. On the basis of these preliminary remarks, the report tries to identify the reasons justifying the common practice (the use of private law by the public administration and the involvement of privates) and tries to focus on the special features in the national regulations of the public-private companies, in comparison with the ordinary rules or the regular companies.