Prof. Gabriella Racca is Full Professor of Administrative Law and Deputy Director of the Department of Management of the University of Turin (Italy). She has been Deputy Dean of the School of Economics (2005-2012). She currently teaches Public Law, Administrative Law, Environmental Law, Public Contracts Law. Her research interests include Public Services, Public Contracts and Public Procurement, Concessions, PPP, public liability and compensation for damages as well as accountability of public administrations and integrity issues. Recently her research interests also focused on Collaborative Procurement and Central Purchasing Bodies, GPO as well as the use of Framework Agreements particularly in European Healthcare Systems and sustainability (environmental and social considerations) in Public Procurement. One of her main current areas of research is the entire process of public procurement from the definition of needs to its execution stage. She is in charge of the Italian Unit of the EU project on Public Procurement for Innovation (PPI), Healthy Ageing and Public Procurement of Innovation - http://www.happi-project.eu/, funded by the EU Commission (DG Enterprises - Call ENT/CIP/11/C/N02C011) with the task of drafting a legal study on the innovative procurement models for a EU joint procurement system in Healthcare. HAPPI aims to analyze the legal aspects concerning the most appropriate tools to achieve a collaboration among public entities in order to overcome the existing barriers within Europe, encouraging competition and the opening of the Internal Market. She has been Head of the University of Turin research Unit on Contractual autonomy of Health Authorities: object limits, organizational structures and cost efficiency, which is part of the Research Program of Relevant National Interest (PRIN) on Health service organization in a comparative perspective: the Italian model of “aziendalizzazione” in collaboration with the University of Perugia, the IUAV University of Venice and the “G. d’Annunzio” Univesity of Chieti-Pescara. She is also in charge of the Job Placement High Education Project “Educational path in collaborative public Procurement” financed by the Regional Government of Piedmont (European Social Fund). She is a consultant to the Organisation for Economic Co-operation and Development (OECD) in the field of public procurement in the Healthcare sector. She is Member of the Scientific Board of the Master of Science in Public Procurement Management for Sustainable Development jointly organized by the International Training Centre of International Labour Organization (ITC – ILO) and of the University of Turin and of the Master en Gouvernance et management des marchés publics en appui au développement durable jointly organized by the International Training Centre of International Labour Organization (ITC – ILO), the University of SciencesPo Paris) and the University of Turin. She is Member of the Teaching Staff of Ph.D in Public Law at the University of Turin. She is Member of the Scientific Board of the Law Review "Diritto Amministrativo", she is on the editorial staff of the Law Review "Foro amministrativo - Consiglio di Stato", and www.neldiritto.it. She is involved in the Ius Publicum Network founded in Madrid, on April 26th, 2010 by the Editorial Boards of Die Verwaltung, Diritto amministrativo, International Journal of Constitutional Law, Public Law, Revista de Administración Pública and Revue Française de Droit Administratif. The aim of Ius Publicum Network is to follow the recent developments in each network member country, focusing on the development of Administrative and Public Law in connection with other legal cultures (www.ius-publicum.com). She is the Italian head of the Procurement Contract section. She is Member of the Public Contracts in Legal Globalization comparative law network (www.contrats-publics.net), of the Procurement Law Academic Network (http://www.planpublicprocurement.org/main/), of the Research Network on EU Administrative Law (http://www.reneual.eu/), of the European Procurement Law group, of the European Law Institute (http://www.europeanlawinstitute.eu/), of the International Society of Public Law (http://icon-society.org/) of the British Institute of International and Comparative Law (http://www.biicl.org/) and of the Istituto Italiano di Scienze Amministrative (www.iisa.it/). She is co-editor with C. R. Yukins (George Washington University Law School) of the book on Integrity and Efficiency in Sustainable Public Contracts. Balancing corruption concerns in Public Procurement Internationally (Bruylant, Bruxelles, 2014, http://en.bruylant.larciergroup.com/titres/130420/integrity-and-efficiency-in-sustainable-public-contracts.htmll). Some of her most recent publications are available at http://ssrn.com/author=1571949.
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I. Introduction The judgment of the Italian Consiglio di Stato addresses once more the differences between the notions of service concession and public procurement of services. These main differences, as set up by several ECJ’s sentences, consist in the different allocation of economic risk (...)
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