"Conditional" recourse to in house providing and the principle of "free administration of public authorities": a contradiction only apparent to the CJEU and the Constitutional Court.

Abstract

This paper is aimed at analyzing the issue of the limits set by the italian legislator on the use of in house providing. Nothing in the Directive 24/2014 UE obliges member States to contract out or externalize the provision of services that they wish to provide themselves or to organise by means other than public contracts within the meaning of this Directive. Issues relating to the constitutional legitimacy of the additional charges pursuant to art. 192, co. 2, d.lgs. n. 50 of 2016 as well as their compatibility with art. 12, par. 3, of Directive 2014/24 EU have been recently resolved, respectively, by the Constitutional Court and the CJEU with results that give rise to some perplexities.