Clausole sociali e società a controllo pubblico: possibili interferenze di sistema, tra tutela dell’occupazione e obbligo di selezione

After analysing the notion of “control” provided for by the Italian Civil Code and the concept of “in house providing companies”, the paper examines some aspects of the labour law regulation concerning companies controlled by public authority. Specifically, it is considered paragraph 2 of Art. 19 Legislative Decree no. 175/2016, which establishes open competition in recruitment procedures. The paper also focuses on the applicability of the so-called social clause in this field, seeking a complex balance between employment protection and the need of transparency in the recruitment process.