Contrattazione e servizi "relazionali" ai sensi delle direttive comunitarie 2014/23/UE e 2014/24/UE. Spunti per un inquadramento

CONTRATTAZIONE E SERVIZI “RELAZIONALI” AI SENSI DELLE DIRETTIVE COMUNITARIE 2014/23/UE E 2014/24/UE. SPUNTI PER UN INQUADRAMENTO (*) The European directives on public procurement and concession contracts have reopened, even if in indirect way, some matters and issues that seemed by now partly resolved, partly forgotten. Using the terminology of the directives, I will refer to: — what it means “social and other specific services”; — the possibility to find some common features in the services concerned; — the kind of usable public procurement procedures and to the rules that should regulate these procedures (reserved contracts, “light regime”). This paper does not intend to provide some final answers, on the contrary it aims to clarify some introductive lines of the legal framework. For the sake of brevity, the analysis will be made therefore without reference to the consolidated literature concerning the implementation of the law 328/2000 and without examining the basic concepts about social cooperation and third sector. In the paper the issues will be considered under the strict profile of European directives on public procurement and concession contracts, starting from the definition of “provision of services”; thereafter the subjective and procedural aspects will be examined. Before the conclusive note, some elements concerning the possible problematic impact of the directives will be fixed, in a summary perspective.