Spunti di riflessione intorno all’ibridazione di interessi pubblici e privati nei “micro-sistemi normativi” delle società pubbliche e dei contratti pubblici

This essay explores some topics where "Public Law" (and typically "Administrative Law") intersects "Private Law" (and particularly "Business Law"), namely the rules governing State (and/or local government) owned companies and public procurement contracts. The "company" appears as an organizational tool that - although crafted for carrying out trade and/or businesses for profits - may also accommodate needs of the public administrations. The flexibility of the company's structure inevitably influences the arrays of functions the company, as an organization, may perform. Thi essays explores how far the business (for profits) "structure" may support different "functions" (corporate purposes centered in the pursuit of "general" or "public" interest). The public procurement contracts are analyzed as as species of B2B contracts where "transparency" and "competition" are key factors in order to comply with the four European fundamental economic freedoms and European competition law.