This paper concerns the current relationship between competition and favorable rules for non-profit organizations in the matter of public procurement, particularly with regard to the choice of the successful tenderer. Directive 2014/24/UE of the European Parliament and of the Council and the national implementation law (legislative decree no. 50/2016) have represented the opportunity to emphasize the role and importance of non-profit organizations in this matter. Nevertheless, social considerations in public procurements, which are the basis of preferential treatment for non-profit organizations, should be counter-balanced by the protection of competition, with its corollaries of equal treatment, non-discrimination and transparency. This paper shows how the promotion of non profit-organizations in public procurements can coexist with principles of European law on competition without distorting them.
Cerbo, P., La concorrenza fra soggetti for profit e soggetti non profit nelle commesse pubbliche, in Monica De Paol, M. D. P., Giuseppe Manfred, G. M., Angela Silvia Paves, A. S. P., Mariachiara Tallacchin, M. T., Emanuele Antonio Vendramin, E. A. V. (ed.), Una filantropia nuova, Libellula Edizioni, Tricase (LE) 2017: 163- 174 [http://hdl.handle.net/10807/108928]
La concorrenza fra soggetti for profit e soggetti non profit nelle commesse pubbliche
Cerbo, Pasquale
2017
Abstract
This paper concerns the current relationship between competition and favorable rules for non-profit organizations in the matter of public procurement, particularly with regard to the choice of the successful tenderer. Directive 2014/24/UE of the European Parliament and of the Council and the national implementation law (legislative decree no. 50/2016) have represented the opportunity to emphasize the role and importance of non-profit organizations in this matter. Nevertheless, social considerations in public procurements, which are the basis of preferential treatment for non-profit organizations, should be counter-balanced by the protection of competition, with its corollaries of equal treatment, non-discrimination and transparency. This paper shows how the promotion of non profit-organizations in public procurements can coexist with principles of European law on competition without distorting them.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.