Struttura e funzionamento dell'organo amministrativo delle società a partecipazione pubblica nel codice civile e nella legislazione speciale

The paper examines the rules that concern the appointment and dismissal of directors in joint-stock companies with State participation or owned by other public bodies, both with reference to the requirements of the members and to the rules on ineligibility, incompatibility, constraints related to gender balance, and also with reference to specific events affecting the position: in particular cessation (for expiration, renunciation or other causes), prorogatio, substitution, co-optation, resignation, revocation. The analysis addresses the three administration and control systems, and distinguishes the rules relevant to the different types and models of companies, marking the difference between “type” or “model” whenever it leads to the application of different rules or groups of rules. Finally, some marks are devoted to the relationship between the specific discipline on companies “under public control” (c.d. a controllo pubblico) and the usurpation of corporate opportunities. The aim is to piece together all provisions affecting publicly-held companies in the common legislation and in sectoral-specific rules.