Il fondamento normativo o consensuale dell’in house providing. Note a margine del nuovo Codice e del PNRR

Abstract

The «principle of self-organisation» in the assignment, management and provision of public contracts, recognized by art. 7 of the new code, approved with the legislative de-cree 31.3.2023 n. 36, appears as the natural reflection of the so-called institutional auto-nomy of the States of the European Union, which retain all the areas not expressly trans-ferred to the Community, but finds its counterweight in the respect due to the principle of competition and economic freedom of movement.

In this context, the present work deals with identifying the innovations introduced by the new code, including the dequotation of the motivation, as well as the repeal of the provision (ex art. 192) relating to the introduction of the register in which they register all the contracting authorities that operate through direct in-house assignments. Finally, the conventional in-house companies introduced by art. 10 of the legislative decree no. 77/2021, converted by l. no. 8/2021, during the implementation of the P.N.R.R., provided for the right to use agreements with in-house companies for the assignment procedures and the more rapid implementation of the planned public investments.