The urban planning management of municipal trade companies
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The trading companies the share capital of which is wholly public constitute a sort of direct management of a public service. However, they lack the possibility to carry out administrative acts with auctoritas because the latter are reserved to the territorial public administrations, in this case the city councils. The current economic crisis has pointed out the existence of an excessive number of instrumental entities, especially in the field of the urban management. This situation has led to the public powers to rethink local governments which are seen as oversized and duplicated. Therefore, a year ago was passed the Law on Rationalization and Sustainability of Local Governments. In a context in which a significant number of instrumental entities had increased significantly the public debt of local governments, this legislation introduced an exhaustive control regarding the creation of these kind of entities and relevant limitations in their daily operations such as the strengthening of the role of the financial controller and the municipal secretary as a preventive control mechanisms, perhaps a kind of control that is more effective than the displayed by the Court of Audit which is always a control ex post.