Shared administration in the new public contracts code: theoretical basis, systematic misalignments and innovative profiles

Abstract

The essay analyses art. 6 of the new public contracts code that codifies the category of shared administration, defining the coordinates of a particular type of public-private partnership (here defined as 'collaborative') that is grounded in the principles of social solidarity and horizontal subsidiarity. The provision is very important on a systematic level because it recognises the 'collaborative' partnership as a model that can generally be used and is equally coordinated with the other possible forms of management of public goods and services owned by public administrations. However, the text of the rule contains some ambiguities and inconsistencies that could reduce the ordering function that - as a general principle - it should perform. The aim of the study is therefore to offer an interpretative key to its contents in order to systematically frame the critical profiles and highlight the innovative aspects.