Special public-private partnerships: regulatory framework, problematic issues and possible interpretative solutions

Public-private partnerships are now considered one of the tools that can help address both the lack of resources and the planning, management, and operational difficulties faced by public administrations. The relevant regulatory framework has undergone significant changes over the last 20 years and currently includes various types of partnerships, one of which is specifically aimed at ensuring the enjoyment of cultural heritage and promoting scientific research applied to its protection or enhancement. The reference legislation provides for the activation by the State, regions, and local authorities of forms defined as ‘special’ partnerships with public bodies and organizations and with private entities, aimed at enabling the recovery, restoration, scheduled maintenance, management, opening to public use, and enhancement of cultural heritage, but leaves the specific regulations governing them unspecified. This vagueness has discouraged the use of this tool, which nevertheless seems to have undoubted potential. Recently, the Ministry of Culture has issued guidelines for the application of the institution, but these do not seem to resolve many of the application problems that have been reported. For these reasons, this work attempts to reconstruct the general regulatory framework for partnerships in which this particular type of partnership fits, with the aim of reconstructing its possible legal regime and thereby encourage greater application.