Sommario: 

1. Ricostruzione del quadro normativo nazionale. 

2. Natura, funzione e presupposti dell’accreditamento. 

3. Segue: il dato normativo. 

4. Segue: il dato giurisprudenziale. 

5. Una procedura selettiva tra accreditamento e contratto? 

6. Accreditamento e programmazione sanitaria. 

7. Compatibilità del sistema vigente con il diritto nazionale ed europeo della concorrenza. 

8. Conclusioni.

Abstract:

This assay, through an examination of national and European legislation, questions about possibility of bringing public procedures direct to established credit relationship with private health care providers. The Author – according to the acquisitions of the predominant administrative jurisprudence and doctrine – asserts that accreditation is a public service concession. The negative response to the aforesaid question is based on the fundamental difference between selective concessions and non-selectivefitting concessions, as well as(?) and on the propositionargument that Italian legal system has made its own the first qualification. stefano tarullo. In this context is also analyzed the relationship between the accreditation and contractual arrangements, supporting that between them – once again under the legislative data and normal practice – is currently not allowed to image any procedural time functional to the providers selection previously accredited, on pain of, among other, frustration of the need for the health services already established at the planning stage. It should also be clarified that health services are not considered by EU like a “public service” but like services of general economic interest. This assumption, beyond reasons of legislative policy convenience, based more and decisive considerations on the supranational side. It proves that even the European context requires to identify health providers by notices.