Servizi sociali,riforma del terzo settore e nuova disciplina degli appalti

Within the Italian legal framework, the award of social services is subject to very specific requirements due, in part, to the characteristics of social services themselves, and also to national and regional legislation which, by allowing derogations from the public tendering procedure, places non-profit entities at an advantage compared to other economic operators. ECJ case law has had a significant influence on the award procedure as, until a couple of years ago, it held that competition rules were not subject to derogations where legislation permits the direct award to third sector entities, according to the principles of solidarity and subsidiarity. This approach by EU judges has recently changed as regards the relationship between the market and the system for the protection of social rights, based on increased cooperation between public entities and the so-called “private social services”. Moreover, for the first time, EU legislation took particular account of public contracts and concessions in the social services sector. Furthermore on the 6th of June, the Parliament has approved the Third Sector Reform act. The act provides a delegation to the Government for a comprehensive revision of all laws regarding the non –profits sector. The present article attempts to outline the new relationship which is being forged between competition, social services and the third sector by reviewing public procurement legislation and the relevant case law and by comparing previous provisions with those of Directive 2014/24/UE and its implementing Decree no 50 of 18 April 2016, considering furthermore the provisions of the specific delegation power to the Government for adopting the Third Sector Code.