Alberto Massera Francesco Merloni

The neverending process of public procurement law

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Abstract

The story of the 2016 Code of Public Procurement, corrected, suspended, simplified, derogated from the very beginning of its implementation, should be read in the context of the relationships between European sector regulations, which promote discretion, flexibility and innovation for an efficient European public procurement market, and the Italian legislation, conditioned by its accounting origin and by the use of detailed and mandatory rules, to prevent maladministration and to reassure public agents fearful of the various related responsibilities. The recent extensive waivers to perform post-pandemic recovery plans require a careful review of the legislation in a framework of simplified rules and contracting authorities qualified for effectively implementing them

Keywords

  • flexibility
  • innovation
  • simplification
  • administrative capacity
  • maladministration

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