Diritto pubblico e diritto privato nella gestione dei servizi sanitari: il rapporto tra l’amministrazione e il gestore del servizio

The aim of the essay consists in exploring the use of private law in the outsourcing of public services. In particular, the author analyzes recent case law relating to the control of health services provided by accredited private clinics, in the execution of specific contracts with public health organizations. The legal issues at the attention of the judges has been whether the public healthcare organization is able to carry out the quality control of outsourced services by using contractual remedies or, on the contrary, whether it has to operate through administrative acts and powers. Taking into account the proposed thesis, the goal is to highlight how the use of contracts and private law tools can be useful to make the public regulation of outsourced public services more effective.