Enrico Trenti, La disciplina delle società regionali fra “statuto speciale” ed esigenze di contenimento della spesa


1. Le principali direttrici dell’evoluzione legislativa. 

2. La progressiva erosione della potestà legislativa delle Regioni. 

3. Le innovazioni introdotte dalla legge di stabilità 2014. 

4. Conclusioni.


The essay examines the complex and fragmented legislative framework of the regional companies, which has emerged in the recent years, as a consequence of the incessant production of rules concerning diversified, and not always consistent, objectives. The main lines are the containment of costs related to the operation of public companies, through the sale of the shareholdings and the promotion of competition “for” the market in the “instrumental” services sector and in the services of general interest. However, the national legislative interventions have led to the gradual erosion of the spaces reserved for autonomy to the regions. This phenomenon has been contained, but not solved, by the decisions (no. 199/2012 and no. 229/2013), in which the Constitutional Court stopped the paths of reform of the state legislator. In this context, the “stability” law of 2014 introduced important innovations to the companies held by the local authorities, and made also a significant revision of the previous rules, with the aim of simplifying the existing legal.