Servizi sociali di interesse generale e appalti pubblici: concordia discors?

Abstract In recent years the regulation of social services has undergone major reforms by the Public Procurement Code (d.lgs. no. 50/2016) and by the Third Sector Code (d.lgs. no. 117/2017). This led to a new debate around the possibility of reconciling the rules and principles of public procurements with the characteristics underlying social services within each Member State. Trying to overcome a dichotomous approach to the issue, this article attempts to identify some margins of flexibility and adaptability of public procurement rules that allow to take into consideration the peculiarities of the social service “market”. The analysis shows that the Public Procurement Code provides great flexibility for contracting authorities as for the choice of contracting procedures and award criteria, and leaves room for reserving contracts to non-profit organizations