Amministrazione condivisa e diritto dell’Unione Europea

Shared administration, defined by collaborative relationships between public authorities and Third Sector organizations, represents a departure from traditional public procurement models. As such, it raises significant legal questions under EU internal market and competition law. This paper examines the relevant EU legal framework, distinguishing between non-economic activities, services of general economic interest, and exceptions grounded in Member State competences in social and health sectors. Drawing on Court of Justice case law, it advances two interpretations of shared administration within EU law: either as a non-economic activity performed in fulfillment of state functions, or as a justified exception grounded in principles of solidarity and subsidiarity. On this basis, the paper challenges the Italian Council of State’s restrictive approach, which makes the legitimacy of shared administration contingent on a requirement of gratuitousness that EU law does not impose