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Author: Annalisa Aschieri

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Legal and Factual Background of the Spezzino Judgment (C-113/13): Inconsistencies and Advantages of the Special Role Played by Voluntary Associations in the Functioning of the Italian Social Protection Systems journal article

Annalisa Aschieri

European Procurement & Public Private Partnership Law Review, Volume 11 (2016), Issue 1, Page 6 - 13

The Italian Consiglio di Stato raised a request for a preliminary ruling aimed at pushing the Court of Justice to find an adequate balance between the principles regulating public awards, the protection of competition and the contribution of voluntary associations in the health and social sector. The issue was characterized as a ‘competition between non-homogenous actors.’ This article provides the information as to the factual and domestic legal background, which led to the Court of Justice judgment in the Spezzino case (C-113/13).

Italian Requests for Preliminary Rulings journal article

Annalisa Aschieri

European Procurement & Public Private Partnership Law Review, Volume 10 (2015), Issue 3, Page 149 - 163

This article explores the dialogue between Italian administrative courts and the CJEU in the years 2014 and 2015 in the field of public contracts. It investigates whether and to which extent there has been an effective communication capable of strengthening the integration between the EU and Italian legal system. Italian courts have tried to bring forth a dialogue with the CJEU that aims at promoting a more valuable and interconnected system of EU legal and cultural integration that can well fit within the challenge of a working Internal Market. In this regard, the functioning of any market system depends on a prior cultural and legal background integration, which can be formed only through a bottom-up dialogue between the key actors of such system, courts. This article examines the nature of such dialogue and identifies areas of convergence and misalignments in the interpretation of EU principles, core notions and exemptions in order to better understand the role played by each court and their contribution to the creation of an integrated legal system.

Non-Financial Benefits: Another Reason to Foster the Promotion of PPPs as a Viable Alternative for Public Service Delivery journal article

Annalisa Aschieri

European Procurement & Public Private Partnership Law Review, Volume 9 (2014), Issue 4, Page 240 - 255

This paper will discuss the ability of Public Private Partnership (‘PPP’) projects to provide greater non-financial benefits than traditional procurement. It is crucial that in the undergoing process of boosting the use of PPPs within the European Union, it is taken into account that not only economic and Internal Market policy issues would be fostered under PPPs, but also other goals equally important - that can be defined as PPPs’ non-financial benefits - would be effi

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