Public procurement—Italy—Q&A guide

The following Public Law practice note provides comprehensive and up to date legal information covering:

  • Public procurement—Italy—Q&A guide
  • 1. What is the relevant legislation regulating the award of public contracts?
  • 2. Is there any sector-specific procurement legislation supplementing the general regime?
  • 3. In which respect does the relevant legislation supplement the EU procurement directives or the GPA?
  • 4. Are there proposals to amend the legislation?
  • 5. Which, or what kinds of, entities are subject to procurement regulation?
  • 6. Are contracts under a certain value outside the scope of procurement regulation? What are these threshold values?
  • 7. Does the legislation permit the amendment of a concluded contract without a new contract award procedure?
  • 8. Has case law clarified the extent to which it is permissible to amend a concluded contract without a new contract award procedure?
  • 9. In what circumstances do privatisations require the carrying out of a contract award procedure?
  • More...

Public procurement—Italy—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to public procurement in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: Satta Romano & Associati Studio Legale—Filippo Satta; Anna Romano

1. What is the relevant legislation regulating the award of public contracts?

The provisions of law governing the award of public contracts are in Legislative Decree No. 50 of 18 April 2016 and its subsequent amendments, commonly referred to as the Public Contracts Code (the Code).

The legal framework also includes approximately 50 Decrees by the Italian Ministry of Infrastructure and Transport, and Guidelines adopted by the National Anti-Corruption Authority (ANAC). According to the provisions of Law No. 55/2019, which made some amendments to the Code, these Guidelines and Decrees will cease to be effective with the entry into force of a ‘Single Regulation’, scheduled for 2020.

2. Is there any sector-specific procurement legislation supplementing the general regime?

The Code provides for the general regulation of public contracts and concessions, and the discipline of the ‘special sectors’ (water, energy, transport and postal services). The legal framework is completed by specific legislation (eg, on public utilities). Moreover, the specific legislation governing the award of public works in the defence and security sectors is also in Legislative Decree No. 208/2011, in compliance with Directive 2009/81/EU.

3. In which respect

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