Il Partenariato Pubblico-Privato e la sussidiarieta orizzontale: da principio a modello efficace per lo sviluppo dei territori e per gli investimenti pubblici nel tempo della crisi

The following Thesis aims at detailing the topic of the Public-Private Partnership (PPP), as an increasingly recurrent legal instrument, not just as a legal phenomenon tied with the Italian and European legal order (in particular as for public contracts and concessions) but rather as a preliminary condition that must be held in order to develop the strategies of action that the various challenges posed by the economic and financial crises require in term of limits towards the public spending. The Chapter II focuses on the contractual dimension of the Public-Private Partnership in a stricto sensu contractual ambit, devoting particular attention to concessions of services and to project financing, with an excursus from the origins, through a difficult normative pathway, until the most recent legislative developments with the entrance into force of the directives 2014/23/UE, 2014/24/UE e 2014/25/UE and of the Code of public contracts and of the concessions (d.lgs. n. 50/2016). Chapter III is devoted to the description of experiences institutional PPPs, in primis "mixed" companies established for the management of public utilities (Services having a General Economic Interest) and then to the other examples of cooperation, as foundations for the management of Social Services of General Interest, as healthcare services, secondary and higher education and scientific research. The last Chapter, n. VI, investigates the possibility for horizontal subsidiarity to evolve from a mere †œstatic†� principle which inspires the relationship of cooperation between private and institutional actors towards a more dynamic model propelling a fresh and timely strategy of growth, in order to promote adequately and efficiently local development in time of crisis and to favour public investments through PPP.