Riflessioni su alcune aperture del legislatore europeo in tema di in house, anche in prospettiva dei corrispondenti limiti nazionali per le società strumentali

Following the adoption of the new legislative package for the modernisation of public procurement in the EU, the article focuses on the derogations for “in-house” contracts. The analysis addresses in particular three aspects of the new provisions: the possibility of carrying out a direct award between entities controlled by a single authority in a way that resembles intra-group operations; the provision of a fixed percentage of the essential part of the activities to be carried out; the possibility to allow private share holders into an in house entity. The Author examines the extent of such provisions, while proposing a systematic rereading, in light of the renewed European framework, of some of the limits imposed by Article 13 of the (national) Decree Law no. 223/2006 on the so called instrumental entities.