Abstrakt

Liberalization and competition in the European perspective  The complexity and fragmentation of the matter of public contracts highlights the usefulness of asking questions, especially in the actuale time of global crisis, about the more affordable arrangement of the sector.  The question should be if competition remains the preferable key – or at least one of the possibilities – to achieve the objective of ensuring the community services which it needs, without neglecting other public and private interests, also involved in it. Any consideration of the matter must move from a constant dialogue between the European legal system – designed to consider the opening of the market and free competition as essential factors for their implementation – and the national systems. Relying on the rule of opening market and free competition, European law prevents any form of limitation and possible discrimination in access, sets a burden on information to the benefit of consumers, prohibits state aids to enterprises and sanctioning rules of unfair competition. Thus, with reference to services procurements, the European case-law has recognized the freedom of the national legislature to provide for either an internal or external management of the service. The aim of European legislation is not, in fact, to encourage and promote a competitive market through the imposition to the public administration of a tender for the award...