Abstract

This paper concerns the recent evolution in terms of government and governance of the discipline on the local public utilities in Italy, paying attention to the recent changes occurred. The Italian Constitutional Court has declared the illegitimacy of the art. 4, l. n. 148/2011 that established the general discipline of local public services of economic relevance within the Italian Legal System; particularly, the Constitutional Court noted that such discipline was adopted in violation of the prohibition of restoring the law abrogated by popular referendum of 12-13 June 2011. Consequently, in view of the declaration of unconstitutionality, local public services of economic importance directly apply the European rules on the protection of competition.