Ways of Awarding Public Contracts, Above and Below European Thresholds, Between Self-Production and Outsourcing

After the entry into force of Legislative Decree no. 201/2022 on local public services of economic importance and Legislative Decree no. 36/2023 on public contracts, it is appropriate to dwell on some of the salient aspects of the modes of entrustment, starting with the upstream choice between self-production (make) and outsourcing (buy). The aim is to verify, through the examination of the relevant provisions and the first doctrinal and jurisprudential stances, the balance between the reasons of competition and those of the organizational autonomy of public administrations, as well as - once the (preferential) path of outsourcing of contracts above and below the European thresholds is taken - between opening to competition and simplification in the name of the so-called "result."