Riflessioni a margine della direttiva 2014/23/UE

[Autom. eng. transl.] The contribution examines some of the most important aspects of the new European directive on concessions, with particular reference to those of services. The privileged point of view is that of the regulation of the markets and in this context two profiles are treated in a specific way. The first is that concerning the autonomy of the public administration as regards the identification and organization of services, even those of general economic interest. The most significant expression of this autonomy is represented by the possibility of choosing the administration between self-production (or self-provision) and entrusting services to third parties, which arises upstream of every regulatory aspect of the new regulation on concessions and which involves the need to delimit the scope of the EU competition rules. The second is that concerning the distinction between concession and contract, which presents, in particular in identifying the essential characteristics of the concession, elements of discontinuity with respect to the traditional reading of this institute. This entails the need to redefine the dividing line between the contract and the concession and therefore, ultimately, the boundary of the respective disciplines that the administration is required to apply. The conclusions stress the fact that the directive will impose some important changes in the discipline on public contracts and on the need to rethink the legislator's and interpreter's approach to some major issues.