The Public-Private Partnership in the philosophy of the new public contracts code
.pdf (Italiano)

How to Cite

Serra, G. (2024). The Public-Private Partnership in the philosophy of the new public contracts code. P.A. Persona E Amministrazione, 13(2), 851–884. Retrieved from https://journals.uniurb.it/index.php/pea/article/view/4602

Abstract

The paper dwells on the subject of the Public-Private Partnership, analyzing the phenomenon from the perspective problematic angle of the excessive rigidity of the procedures and lack of discretion of the administration that has characterized it, which have contributed to the low use of cooperative instruments. In this sense, moving from the reasons, also economic, for the phenomenon, the work frames the PPP in the new philosophy, even in general, brought by Legislative Decree No. 36/2023, precisely on the subject of greater discretion of the administration and flexibility of procedures. The thesis that such references are necessary for the accomplished use of the PPP is developed with the analysis of the new specific regulations of the Code, with particular reference to the procedures for choosing the concessionaire and project finance, also in the light of the relevant case law. The essay concludes by confirming the need not to read the discipline on public contracting, in general and in particular for PPP, with excessive rigidity, but valuing the flexibility and discretion of the p.a. with a view to efficiency and effectiveness.

.pdf (Italiano)
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