La concorrenza fra soggetti for profit e soggetti non profit nelle commesse pubbliche

This paper concerns the current relationship between competition and favorable rules for non-profit organizations in the matter of public procurement, particularly with regard to the choice of the successful tenderer. Directive 2014/24/UE of the European Parliament and of the Council and the national implementation law (legislative decree no. 50/2016) have represented the opportunity to emphasize the role and importance of non-profit organizations in this matter. Nevertheless, social considerations in public procurements, which are the basis of preferential treatment for non-profit organizations, should be counter-balanced by the protection of competition, with its corollaries of equal treatment, non-discrimination and transparency. This paper shows how the promotion of non profit-organizations in public procurements can coexist with principles of European law on competition without distorting them.