The public-private partnership

Abstract

The article examines the sensitive subject of the evolution in the discipline of institutionalised public-private (partnership) association in Italy. After a few brief general observations on this institution, the author focuses on how the local public services manage it, particularly analysing the step from article 23 bis of Decree-Law no. 112 of 2008 to the legislative reforms of 2011 and of January 2012 in favour of a more comprehensive privatisation and liberalisation of such services in line with the intention expressed by the Italian government at the European Union in October 2011. The conclusions underscore the issue of the constitutional compatibility of a decision that stands in contrast to the result of the referendum held on 12 and 13 June 2011 that, regardless of the voters’ knowledge, has expressed their wish to repeal the articles in favour of competition, in accordance with article 23 bis of Decree-Law no. 112 of 2008 (and subsequent modifications) and its applicable regulation. Local public services, (Partnership) public-private collaboration, institutionalised. Competition.