Re-internalizzazione e successione di appalto nella gestione dei servizi pubblici = Re-internalization and succession of contract in the management of public services. WP C.S.D.L.E. “Massimo D’Antona”.IT – 385/2019

Abstract

The essay presents a panorama of the Italian discipline related to tendering in public services, illustrating particularly the discipline that regulates contract of employment, when a public administration proceeds to outsource or to re-internalize an activity. In the latter case, in Italian jurisdiction (as well as in Spanish one), there is a conflict between two different principles: the principle according to which the transferee becomes the employer of all staff previously employed by the transferor, which derives from the European directive no. 2001/23 on the transfert of an undertaking, is opposed to the Constitutional principle, under which no one can have access to public employment if not after passing a open competition. The essay analyses also the rules which has to be applied to the case in which, after a new call for tenders, a new contractor gained the service previously managed by another compan