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Italy ∙ Implementation of the New Directives on Procurements and Concessions in Italy: a Chance for Domestic Regulation Improvement?

Luca Pardi

The Italian legislator has started the implementing process of the recent EU Directives on procurement and concessions, namely Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The legislative technique to be used will be the delegation to the Government by the Parliament to adopt an implementing legislative decree, on the basis of general principles and criteria set forth by the Parliament itself in a delegation bill that the two Houses will enact giving the power to the Executive to regulate the matter. Currently, the Senate has approved a delegation bill proposal in June 2015 passing it on to the Lower Branch for discussion and approval in October 2015; as it regards the proposed timing, the Government should enact the legislative decree by February 2016, thus anticipating by two months the deadline for implementation provided at EU level, while the result should be the adoption of a new all-comprehensive code containing the discipline of concessions and procurement, both in ordinary and utilities sectors, destined to repeal the existing Public Procurement Code (Legislative Decree 163/2006). As it results from the auditions carried out by the Senate among the operators of the public procurement sectors, the new EU Directives and the need to completely redefine the domestic discipline as a consequence, represent a good chance for the national legislator to address and resolve many of the criticalities of the current Italian regime.

Luca Pardi is Adjunct Professor at the School of Law at the University of Salerno.


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