"Ths paper focuses on the reform of public local services. The reform was put into operation under pressure of EU directives and multiple decisions of the European Court for infringement of freedom to provide services and of equal opportunity among interested professionals. Public local services where and, as a matter of fact, still are reserved to local authority control, even when they are conducted under a "private" undertaking (i.e. as a private corporation controlled by the L.A., under a public private partnership and the like). The enacted statute (which has been subject to a general referendum that rejected its fundamental rules), focuses over the supply side and confer to private providers substantial power to exercise or participate tu pubilc services provision. The aim of the work is to analyze the consequences of liberalization by the user side. It is claimed that market freedom and control should concern both sides of the relationship. as a consequence of previous legislation and case law, private providers are still subject and liable only to the conferRing authorities, whilst the beneficiaries of services may direct their claims only toward the same authority under administratrive law. It is concluded that the relationship between private providers of public services (under a CONTRACT with the L.A.) shoul be liable under CONTRACT to their counterparties and consumers' legislation and rights should be enforced.
Tutela degli utenti e diritto privato tra servizio pubblico e liberalizzazione del mercato
SCANNICCHIO, Nicola
2011-01-01
Abstract
"Ths paper focuses on the reform of public local services. The reform was put into operation under pressure of EU directives and multiple decisions of the European Court for infringement of freedom to provide services and of equal opportunity among interested professionals. Public local services where and, as a matter of fact, still are reserved to local authority control, even when they are conducted under a "private" undertaking (i.e. as a private corporation controlled by the L.A., under a public private partnership and the like). The enacted statute (which has been subject to a general referendum that rejected its fundamental rules), focuses over the supply side and confer to private providers substantial power to exercise or participate tu pubilc services provision. The aim of the work is to analyze the consequences of liberalization by the user side. It is claimed that market freedom and control should concern both sides of the relationship. as a consequence of previous legislation and case law, private providers are still subject and liable only to the conferRing authorities, whilst the beneficiaries of services may direct their claims only toward the same authority under administratrive law. It is concluded that the relationship between private providers of public services (under a CONTRACT with the L.A.) shoul be liable under CONTRACT to their counterparties and consumers' legislation and rights should be enforced.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
