Negotiated procedures and automatic exclusion of tenders is really an acceleration and simplification of the system?

Author/s Maurizio Zoppolato
Publishing Year 2023 Issue 2023/2 Language Italian
Pages 12 P. 253-264 File size 71 KB
DOI 10.3280/EP2023-002007
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The new Public Procurement Code (Legislative Decree 36/2023) makes the emer- gency regime of the awarding of sub-threshold public contracts definitive, with conspicuous restrictions on competition. From an examination that starts from cer- tain data, it emerges that the length of the award and the execution of public con- tracts in Italy does not depend on the duration of the tenders, nor on the related disputes, but on slowness in the transition from one phase to another, above all in the design. In this framework, the Code sacrifices competition to pursue procedural speed in the assignments which does not represent a real factor; with possible sys- tem imbalances, also in terms of (dis-)incentives to investments.

Keywords: public contracts, simplification, public tenders

Jel codes: K23

Maurizio Zoppolato, Le procedure negoziate e l’esclusione automatica delle offerte anomale, è davvero una accelerazione e una semplificazione del sistema? in "ECONOMIA PUBBLICA " 2/2023, pp 253-264, DOI: 10.3280/EP2023-002007