The Provision of Social Services in Italy between Federalization and Europeanization

This chapter examines the Italian system for the provision of social services, by looking at its defining features, its historical development, and those factors that are contributing to reshape it. Particular attention is devoted to the federalist reform and to the impact of EU internal market law.The Italian system has undergone several major changes over the last decade, tentatively moving toward more advanced models developed by other European States. After the Reform of Title V of the Constitution of 2001, the provision of social services is a matter pertaining to regions’ and local authorities’ exclusive competence. The integrated system introduced at the national level by Law no. 328 of 8 November 2000 still represents a common point of reference. The key features of this system are its universalistic nature, the strong presence of private actors, mainly belonging to the so-called ‘Third Sector,’ and its federalist structure. The federalization process can surely contribute to make the system more efficient, but, on the other hand, it might represent a major threat for the country’s shaky social cohesion. Central authorities would be called upon to act in order to avoid this risk, but so far, they have not made use of the powers conferred to them by the Constitution. The application of public procurement law, mainly of EU origin, is another factor that has contributed to unsettle the regulatory framework, especially with regard to the delivery of these services. Social services have been traditionally shielded against the application of these norms, by making reference to their function and to the nature of their providers, mainly nonprofit entities. Italian judges and, then, lawmakers have gradually changed their attitude, by adhering to the position of the CJEU. The process is still far from complete, as the transition toward a market- based approach is still troublesome.