Vincenzo Desantis

The judgement no. 23/2022 as an opportunity to rationalize the division of responsibilities in the field of public procurements

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With the judgment no. 23/2022, the Italian Constitutional Court ruled on the questions of constitutional legitimacy raised against fifteen provisions, contained in five provincial laws about public procurements (four of the Autonomous Province of Trento, one of that of Bolzano). The judgment presents a monstre structure, reviewing a multitude of interesting aspects. The reflections contained in this paper investigate the stability of the current division of legislative power between the State and the Autonomous Provinces in the field of public procurements. In addition, the paper examines the constitutional jurisprudential orientation registered on this topic, questioning about the actual and concrete extension of the primary legislative power of the Autonomous Provinces in the matter of public procurements.


  • power of legislation
  • public procurements
  • Autonomous Provinces
  • legislative discretion
  • social and economic reforms


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