Le clausole sociali negli appalti pubblici: il bilanciamento possibile tra tutela del lavoro e ragioni del mercato = Social clauses in public procurement: the possible balance between job protection and market reasons. WP C.S.D.L.E. “Massimo D’Antona”.IT – 275/2015

Forlivesi, Michele (2015) Le clausole sociali negli appalti pubblici: il bilanciamento possibile tra tutela del lavoro e ragioni del mercato = Social clauses in public procurement: the possible balance between job protection and market reasons. WP C.S.D.L.E. “Massimo D’Antona”.IT – 275/2015. [Policy Paper]

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Abstract

The article studies the legitimacy of social clauses, regarding economic freedom and free competition in the European market. The intent of the A. is verify if, in the national and European system, the regulation of the job can direct the enterprises competitors in public contracts toward models of behavior pro labour using social clauses. The author analyze the relationship between rules of the job, freedom to provide services and free competition, in national and European system. This matter conduct the author to investigate the possibility and the legitimacy, for the public administrations, to impose the respect of standard of treatment fixed by law o by collective bargaining. Analysis is conducted studying the most recent jurisprudence of the Court of Justice and analyzing the normative novelties introduced by the Directive 2014/24/UE.

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