Le fondazioni partecipate da pubbliche amministrazioni e l’affidamento dei servizi culturali

Moving from the analysis of the case-law Tar Emilia-Romagna, Bologna, no. 375/2022, concerning the direct grant of cultural services to a foundation held by public bodies, the paper analyses the main issues of the sentence, considering both the nature of cultural services and the possible management methods, even in derogation of the public evidence proceeding. The idea is that such services can be directly granted not because of their object - as the sentence has declared - but thanks to the substantially publicist status of foundations held by public bodies, according to a reasoning which can only be partially shared with the administrative judge statements.