Towards the «Trust Paradigm»? The Principle of Trust in the New Contract Code and Its Implications
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Abstract
The essay reflects on the implications and consequences deriving from the new principles enshrined in the Italian public contracts code of 2023, investigating the scope of the principle of trust and the related overcoming of the «no-trust paradigm». The paper therefore questions the «gamble» of the new code and the new model of administrative action that derives from it, focusing in particular on the relationship between «trust» and discretion, transparency, and control. Truly embracing the «trust paradigm» entails a series of consequences on how to interpret, in the new digital environment that characterizes public contracts, both transparency, accountability, and responsibility. Still, it also requires a strong investment in the quality of public administration.
Keywords
- Public contracts
- Trust
- Transparency
- Accountability
- Digitalisation