New Directives concerning public procurement made clear what is the new legal framework relevant to contracts between Public Ad- ministrations, creating specific models of public-public cooperation. The new legal framework protects market interests effectively but, at the same time, it is able to introduce some negative effects regarding public expenditure control. This article provides a comparison between the new legal fra- mework, the European rules of integrated economic accounts and those theories of legal personality that consider, economically spea- king, Member States as a whole. Thus, it will become possible to discern the circumstances whereby contracts between Public Admi- nistrations arise from organisational autonomy of Member States and from market issues.
LA COLLABORAZIONE CONTRATTUALE FRA PUBBLICHE AMMINISTRAZIONI. UNITÀ E FRAMMENTAZIONE DELLA SFERA PUBBLICA FRA LOGICA DEL MERCATO E OBIETTIVI DI CONTENIMENTO DELLA SPESA
CARUSO, GIOVANNI MARIA
2015-01-01
Abstract
New Directives concerning public procurement made clear what is the new legal framework relevant to contracts between Public Ad- ministrations, creating specific models of public-public cooperation. The new legal framework protects market interests effectively but, at the same time, it is able to introduce some negative effects regarding public expenditure control. This article provides a comparison between the new legal fra- mework, the European rules of integrated economic accounts and those theories of legal personality that consider, economically spea- king, Member States as a whole. Thus, it will become possible to discern the circumstances whereby contracts between Public Admi- nistrations arise from organisational autonomy of Member States and from market issues.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
