Tutela della concorrenza e limiti all’evidenza pubblica nel Codice delle telecomunicazioni

The Regions’ concurrent legislative competence in the field of communications regulation is circumscribed by the constant interference of cross-cutting matters relating to essential levels of services and the protection of competition. Judgment no. 108/2025 is distinctive in that it subsumes within the State’s exclusive competence even those provisions of the Electronic Communications Code that restrict recourse to public tendering procedures and competition among undertakings, in conflict with the obligations arising from European Union law. This gives rise to a conflict be tween two intermediate parameters (Articles 49 and 56 TFEU and Legislative Decree no. 259/2003), which is likely to create uncertainty in regional legislation.