RIFLESSIONI SUL PRINCIPIO DI CONCORRENZA TRA PNRR, AFFIDAMENTI IN HOUSE E LIBERTÀ DI IMPRESA

After some considerations about the main measures envisaged by the NRRP and by the Annex to the Plan on competition and taking into account also the annual competition law 2021, the Author analyses the possible consequences of the provisions related to in-house providing on the current legal framework, focusing on the debate concerning the obligation to state reasons. In the second part, the reasoning on the principle of competition moves to the context of service concessions awarded without a tender and competition is analyzed in its innovative relationship with the freedom of enterprise, taking into consideration the decision of the Constitutional Court n. 218 of 23 November 2021.