The present essay has two main goals, one macro and one micro. The first and broader goal can be referred to the macro level that is to the position and effects of free market rules on the social sector. Consequently, the interaction between values and principles, which refer to the one and to the other, is evaluated. The second goal is placed at a micro level, and is therefore much more focussed on specific issues, namely the regulatory impact of the EU law (freedom of establishment and public procurement) on a specific management model of personal social services adopted at the domestic level. With regards to the micro goal, the article examines the model based on the sequence of the Authorization-Accreditation-Agreement, or the so-called “Three A” or “quasi-market” model. In the first place, the essay outlines the concept of personal social services within the European and Italian legal framework, by taking into account their respective historical heritage and changes, as well as the growing interest in this particular area by supranational regulators. Subsequently, the essay deals with possible variations of the “Three A model”, by distinguishing solutions without any selectivity from solutions characterized by limits or quotas for private operators (see Recital 13 and 54 of Directive 2014/23/EU on the award of concession contracts). Finally, the possible variants of the Three A model, emerging from national and regional legislation, are taken into consideration in light of both EU rules and ECJ case-law on freedom of establishment and public procurement, with particular reference to Directive 2014/23/ EU. Going back to the macro level approach, against the aforementioned background, the analysis offers a good opportunity to connect the values and principles of free competition with other values widely recognized at the European and national levels, including solidarity and social cohesion on the one hand, and impartiality and transparency on the other.
L'evoluzione dei servizi sociali alla persona nell'ordinamento interno ed europeo
Edoardo Caruso
2017
Abstract
The present essay has two main goals, one macro and one micro. The first and broader goal can be referred to the macro level that is to the position and effects of free market rules on the social sector. Consequently, the interaction between values and principles, which refer to the one and to the other, is evaluated. The second goal is placed at a micro level, and is therefore much more focussed on specific issues, namely the regulatory impact of the EU law (freedom of establishment and public procurement) on a specific management model of personal social services adopted at the domestic level. With regards to the micro goal, the article examines the model based on the sequence of the Authorization-Accreditation-Agreement, or the so-called “Three A” or “quasi-market” model. In the first place, the essay outlines the concept of personal social services within the European and Italian legal framework, by taking into account their respective historical heritage and changes, as well as the growing interest in this particular area by supranational regulators. Subsequently, the essay deals with possible variations of the “Three A model”, by distinguishing solutions without any selectivity from solutions characterized by limits or quotas for private operators (see Recital 13 and 54 of Directive 2014/23/EU on the award of concession contracts). Finally, the possible variants of the Three A model, emerging from national and regional legislation, are taken into consideration in light of both EU rules and ECJ case-law on freedom of establishment and public procurement, with particular reference to Directive 2014/23/ EU. Going back to the macro level approach, against the aforementioned background, the analysis offers a good opportunity to connect the values and principles of free competition with other values widely recognized at the European and national levels, including solidarity and social cohesion on the one hand, and impartiality and transparency on the other.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
