L’ organizzazione economica privata di interesse pubblico

Abstract

The renewed debate on private economic organization of public interest has led to dwell on the reasons for the deviations of the rules in organizations, in a reinterpretation of the relationship between the conduct of business, organization, role of authority. PA PERSONA E AMMINISTRAZIONE Ricerche Giuridiche sull’Amministrazione e l’Economia 380 Although the private-sector model of common law continues to be used, when negotiating action is intertwined with public interests, the connotation of the general interests it becomes the bearer of inevitably affects the contractual organization and, in some cases, the cause of the contract itself: in this way the corporate instrument becomes the convergence point for different interests that are no longer absorbed by the social interest alone. Within the exercise of private companies of public importance, there is a dialectical relationship between private autonomy and publicistic intervention where private autonomy is regulated and often limited by administrative rules. The alterations of private autonomy in private economic organizations are publicistic rules applied in favor of a plurality of subjects (savers, consumers, players) who have inviolable rights, and which legitimize the exercise of public power. The choice of the organization determines the way by which the activity is carried out and the organizational choices that are made are instrumental to the achievement of certain purposes. When there is a private exercise of public functions, the realization of the public interest must be made compatible with the purpose pursued by the private sector, through organizational alterations. The provision of a different and more incisive organization (whether it is the rules of capital in the banking sector, whether it is the detailed procedural rules in listed companies, whether it is the protection of the consumer in gambling and betting, whether it is the referring to all intermediaries operating in the financial market) allows to overcome the opposition of interests since the provision of a set of rules affecting the organization of a business activity are functional to the protection and maximization of the rights pursued by certain private organization of public interest.