Forms of public-private partnership in the production of social services of general interest

Research Area: Legal framework
Scientific coordinator: Silvia Pellizzari
Project Manager: Silvia Pellizzari

Project status: on-going

Description

Partnerships between public authorities and private parties (especially third sector providers or social enterprises) corresponds to a set of different instruments.

Following a pure market model, public-private partnerships refer to a single model regulated by the provisions contained in the Italian Code of Public Contracts (D.lgs. 50/2016), which has transposed the EU Directives n. 23, 24, 25/2014 and which implements primarily the principles of free circulation of enterprises, goods and services, competition, equal treatment and non-discrimination between economic operators and service providers.

However, the term partnership can also refer to other forms of collaboration between the private and public sector, that are more flexible and often follow less formalized and atypical conventional, promotional and organizational models. This second meaning of the term is often used at the European level to define some of the operational criteria of the European Social Fund (ESF).

These partnerships envisage the involvement of regional and local administrations, economic and social partners and the myriad of organizations that represent civil society in the definition and management of public policies and general interest projects.

Objectives

The general objective of the research project is an in-depth investigation, from a legal perspective, of the most widely known methods of shared management of services of general interest (especially of a social nature) which concern citizens, public administrations and social enterprises at the same time.

In particular, the project proposes, on the one hand to map and analyse the different methods of interaction between public administrations and the social private sector in light of the organization and management of general interest services, and on the other hand, to examine the feasibility of partnership forms through an exploration of the legal instruments most in line with the needs and purposes identified by public entities and by the social private sector together.

After having identified, possibly through a legal comparative analysis, the national legal and regulatory framework and considered the specific local nature of social services, particular attention will be paid to the study of the legal system of the Province of Trento in light of the European and Italian regulatory context.

Publications

Pellizzari S., “Le forme di partenariato pubblico – privato come strumento di innovazione per lo sviluppo delle imprese e dei servizi sociali”, in Impresa sociale, n. 3/2014.
Pellizzari S., Le nuove disposizioni europee in materia di appalti pubblici e concessioni, Euricse Facts & Comments, n. 2/2014.
Pellizzari S., (2015), Le novità introdotte dalla Legge di stabilità 2015 per gli affidamenti alle cooperative sociali, Euricse Facts & Comments .

Partners: University of Trento

Last publications

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