Gli ostacoli alla transizione al mercato dei servizi pubblici locali
Author(s)
Vergati, Vincenzo
Date Issued
July 13, 2015
Type
Doctoral Thesis
Abstract
The field of local public services, through the affirmation of the principle of
competition also on services of general economic interest by the European Union,
has been the subject of several attempts of liberalization, characterized by the denial
of management role in chief local authorities and based on the obligation of the
competition to select a private operator, principles which followed, as corollaries,
the regulation by contract of private economic activity and the separation of the
functions of planning with those of management. It was intended to create a
competitive structure of the market for services and to enhance the regulatory
function of local authorities, through the generalization of the competition for the
commission of the management.
The design reformer has however encountered major obstacles in their way that
prevented the achievement of the expected results in terms of improving the
efficiency and economy of management, as well as quality of services provided in
the interest of consumers. Fluctuations on the obligation of the competition they
defeat the purpose of a complete separation between control functions and
management activities, undermining the achievement of the efficiency and economy
targets, while the quality of services provided and the protection of consumers were
weakened by the conflict of interests of the institution.
The thoughts of the legislator seem a result of the inadequacy of the model of
liberalization proposed. This focused primarily on the obligation of the competition,
was introduced in a context unchanged about subjective competence of government
functions, attributed to the individual local authorities without any evidence of the
concrete ability to regulate the dynamics of the competition for the field.
Then it can be said that liberalization has been hindered by the lack of an adequate
organizational and regulatory structure, functional opening of local public services
to competition.Indeed, management areas of municipal size have proved often too small to have
any real competitive relevance; moreover local authorities have expressed the
difficulty of providing to regulate the activities of private operators through service
contract, because typical failures of monopolistic markets.
In this perspective, the recent reforms in local public services - especially in areas
such as public transport and water services - designed to create new structures of
governance through effective organization in wide areas and with the allocation of
functions to independent authorities, seem to be able to create the conditions to
launch a new process of liberalization. However, the implementation of these
reforms will take place with the flexibility to meet the needs of the different sectoral
and territorial situations.
At the same time, lawmaker continued to express a general principle of preference
for the market by introducing specific measures to promote competition, but it did
not renew obligation of public tender. It is thus constitute a discipline characterized
by the flexibility, useful to accompany the consolidation of the new organizational
structure.
Additional information
Dottorato di ricerca in Diritto dei contratti pubblici e privati
File(s)![Thumbnail Image]()
Name
vvergati_tesid.pdf
Size
1.16 MB
Format
Adobe PDF
Checksum (MD5)
e67dfb10ba78a135cf00d228517427f5