Il ricorso all'in house providing nel trasporto pubblico locale tra novità legislative e giurisprudenziali

In this paper, an attempt is made to briefly reconstruct the Italian regulatory evolution of the local public transport sector, particularly dwelling on the problem concerning the different management models. The Italian regulatory environment has long been characterized by an oscillating propensity of the legislature, depending on historical periods, between in-house entrustment and recourse to the market. As is well known, the process of European integration has also exposed local public ser- vices of general interest to the dynamics of the market and free competition, reducing the margin of operation of Administrations and the relative power to self-produce and self-organize these ser- vices. Local public transport, however, has always been an exception, including for the European legislature, which seems to have partly disappeared following the adoption by the Italian legislature of Legislative Decree No. 201 of December 23, 2022. However, at the same time, the legislature and case law have definitively equalized the management models, recognizing the instrument of in- house providing as ordinary with consequences that we will try to illustrate.