Ambiguities and evolution of in-house providing

By Bernardo Giorgio Mattarella

This article examines some of the main problems posed by in-house providing, identifying their roots in the ambiguities of European law and addressing them in the light of the fluctuating trends of national law. After having identified the peculiarity of the model, halfway between outsourcing and self-production, three ambiguities in the European regulation of it are identified. The national law has developed a growing hostility towards in-house providing, which, however, has diminished in recent years, also due to the need to manage the recent crises and implement the National recovery and resilience plan. These factors have led, among other things, to the emergence of some variations to the model developed at the European level. Finally, some problems inherent to the regulation of in-house providing are discussed and the way in which the national legislator has addressed them is assessed.