La disciplina dei servizi di interesse economico generale. Contributo allo studio del modello sociale europeo
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Page 515
La disciplina dei servizi di interesse economico generale. Contributo allo studio del modello sociale europeo. Giandonato Caggiano. Torino, Giappichelli, 2008, pp. X-160
Il titolo di questo libro tradisce in realtà un oggetto diverso e più ampio, poiché l’autore non si occupa dei soli servizi di interesse economico generale, ma tratta anche di quelli che non hanno un rilievo “economico” nel senso proprio della disciplina comunitaria.
Così, mantenendo invece la promessa del proprio sottotitolo, il volume offre importanti spunti di riflessione in generale sui servizi pubblici, ivi inclusi quei servizi che, proprio in quanto non sono catalogabili come “economici” (istruzione, sanità, ecc.), richiedono un’attenzione particolare per lo studioso della materia, in considerazione soprattutto del riparto di competenze tra Unione e Stati membri, e nondimeno dei riflessi che il diritto comunitario comunque esercita anche sulle materie apparentemente più riservate ai secondi, specie attraverso il passepartout delle libertà fondamentali.
Il volume, che nella sua concisione evidenzia un ulteriore pregio, ha un impianto completo e organico ed è utilissimo per comprendere lo stato dell’arte della normativa, anche di soft law, e soprattutto della giurisprudenza della Corte di giustizia nelle materie oggetto di trattazione. Tanto più che gli arresti dei giudici comunitari, numerosissimi in questo settore, presentano profili non sempre coerenti tra di loro, e soprattutto non sempre indicanti in maniera univoca una soluzione coerente alle diversissime questioni analizzate dalla Corte, coerenza peraltro necessaria per immaginare un “modello comunitario” per tutti questi servizi.
E questo, in effetti, è a mio avviso il vero nodo da sciogliere prima di immaginare se esista un modello sociale europeo, come l’autore prova a tratteggiare.
Da tale angolo visuale, non mi pare praticabile (né, per la verità, l’autore pare crederci molto), l’idea che norme come l’art. 16 del Trattato CE – neppure nellaPage 516 versione “costituzionalizzata” contenuta all’art. 36 della Carta dei diritti fondamentali dell’Unione europea – possano creare meccanismi dotati di efficacia diretta da far valere ad opera dei singoli nei confronti degli Stati membri ovvero dell’Unione europea. Perché a tacer d’altro una tale ipotesi presupporrebbe la preventiva individuazione di standard precisi, che necessariamente mancano tuttora a livello di diritto positivo; per contro, nei...
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