La gestione dei servizi pubblici locali in forma societaria. Profili privatistici

Abstract: The providing of local public services by private companies: a civil law perspective. This paper offers a review of the different solutions provided by the Italian legislation in the course of time to organize the providing by local authorities of services of general economic interest, where the provider of the services is a company. In the first part, the legislative provisions governing institutional public private partnerships and in-house providing are discussed. Then the paper examines the conflicting roles and interests of the local authority and of the private partner within the partnership and the contractual solutions adopted to organize the corporate governance of public private partnerships