Le deroghe alla concorrenza per attività di rilevanza sociale: l'affidamento degli immobili pubblici ai comitati

The Legislative Decree no. 117/2017, i.e. “Code of Third Sector”, has modified the relation between the principles of competition and solidarity in the proceedings for social services. The change is due to the decisions taken by the European Court of Justice and the European Commission, which have qualified social services as “services of economic interest” to provide through competitive procedures. Therefore, it is also not clear if public administration can directly grant real property to the Third sector organizations for free social services: as a matter of fact, the art. 71, par. 2, Legislative Decree no. 117/2017 does not expressively demand the development of the competitive procedure. The goal of this paper is to verify the conditions which permit public admin- istration to directly grant its own real property and not to be condemned neither by the Administrative Judge nor the Court of Auditors. Moreover, the paper analyses if the committees, which are not considered as Third sector organizations by the art. 4 Legislative decree no. 117/2017, can directly and freely (or almost freely) get the public real property to execute social services.