Società a partecipazione pubblica e perseguimento di interessi pubblici

Public-shareholder companies – which are companies different from those with a “special” or “singular” bylaw – do not constitute a legally distinct category from those of companies regulated by the Italian Civil Code. The single text on public-shareholder companies, on the one hand, has reduced the degree of “speciality” concerning their regulation, and on the other hand, has very precisely defined the cases in which Public Administrations may set up a company or purchase holdings. The public interest has been commonly regarded as one that falls outside the statutory purpose of public-shareholder companies. Nevertheless, some scholars have pointed out that the statutory purpose has opened up to a variety of different interests. The statutory purpose of companies which only have public shareholders is strongly permeated by the public interest that lies behind the activity conferred. Private interests, in public-private partnerships, can be satisfied solely within the organisational pattern, predetermined by the Public Administration partner, and only if and as long as the Administration considers the necessary instrumentality may be guaranteed in connection to specific purposes of public interest. The conformation of the statutory purpose to the public interest is also achieved through organisational models, such as the in-house public-controlled company and the publicprivate partnership. The selection of activities – required by law – in which the necessary instrumentality with respect to the institutional aims pursued by the public Administration partner must be ensured, make it clear that the public interest pursued materialises in the specific rules for carrying out the activities.