The article aims to show how the most recent developments in the legal framework have provided significant and conclusive confirmation of the extent to which state-owned companies (as already defined in the 1942 codification) are considered subject to private law and operate as profit-making enterprises. In this way, a neutral and therefore public oriented viewpoint of the state-owned company, as referred to by doctrine and administrative risprudence, is thereby refuted. In particular, the codification of the principle of a balanced budget, pursuant to art. 97 of the Constitution, as well as the most recent administrative legislation (aiming at a reduction in public spending), imply a rebuttal of the idea of state-owned companies as means for the direct pursuit of public interests (and thus consuming collective resources), in favour of a reaffirmation of a wealth-creating vocation, in line with the ‘corporate contract’ definition of companies as per art. 2247 of the civil code. In this context, art. 4, para. 13 of Leg. Dec. 95 of 2012 is particularly relevant at a systematic level with regard to the need to interpret the legal nature of the private company in state hands, in compliance with common corporate law. The article examines a number of significant consequences deriving from this outlook, also in relation to the theme of in-house providing.
|Titolo:||Il problema della natura e della lucratività delle società in mano pubblica alla luce dei più recenti sviluppi dell’ordinamento nazionale ed europeo|
GOISIS, FRANCESCO (Primo)
|Settore Scientifico Disciplinare:||Settore IUS/10 - Diritto Amministrativo|
|Data di pubblicazione:||2013|
|Appare nelle tipologie:||01 - Articolo su periodico|