Public contracts

The paper investigates the Italian legal framework regarding cybersecurity public procurement. First, the rules introduced by the (Italian) 2023 Public Procurement Code are explored. Secondly, the residual legal framework is examined: both the general one applicable to all public administration (including within the [Italian] National Cybersecurity Perimeter), and the special one intended for tendering procedures launched by the (Italian) National Cybersecurity Agency. The necessary role of public actors in promoting and disseminating cybersecurity culture is highlighted.

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The paper aims to examine, with a critical approach, the new regulatory methods that anti-corruption mechanisms have introduced into our legal system. The topic is assessed by exploiting the dialectic between the concepts of knowledge and public power, drawing inspiration from Michael Foucault, who identifies power with a relationship of force. Building on these premises, the study delves into the relationship between the activities of public administration and technical-scientific assessments, specifically focusing on anti-corruption regulatory instruments, particularly in the context of public procurement.

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The Digital Paradigm of Public Contracts



Post author | 7 May 2024 | Not Yet in an issue

One of the main innovations of the Italian Code of Public Contracts (adopted with Legislative Decree n. 36 of 2023) concerns the rules on “digitalization” in Book I of the Code (art. 19-36). This paper sets out the main innovations introduced by these provisions (with particular regard to the digital life cycle of a contract and the possibility of using automation systems) and highlights how they form a new paradigm, which is relevant not only in the field of public procurement, but also for administrative action in a broader sense.

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Following an examination of the principles governing public contracts and their hierarchy as codified in Legislative Decree 36/2023, the author focuses on the relationship between the public administration's liability and the good faith principle, examining the legal implications of the former on the latter. Specifically, it is stated that by broadening the range of legal problems that can be resolved in connection with public procurement, Article 5 c. 2 of the new Code keeps the process of "civilising" administrative law going. This procedure, however, may hit a roadblock in the form of c. 3, which designates as "culpable" the reliance that was fostered in the face of a "easily detectable" illegitimacy.

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The paper offers a quick review of the Project Manager provided for by the new Code of public contracts of March 31, 2023, and highlights the main features of this central figure in the context of public procurement procedures by comparing it with the already existing Project Manager drawn by the “old” 2016 Code.

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This study delves into the concept of maintaining a balanced relationship in long-term contracts between public and private law, specifically in the context of procurement and concession contracts. The main objective of the paper is to explore the challenges related to unforeseen circumstances and contract renegotiation, while analyzing the clauses for price revision and contractual amendments outlined in legislative decree n. 36/2023.

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The civil service in Germany encompasses two systems that differ significantly in principle but are not so dissimilar in practice: the two-tier system comprises civil servants (Beamte) and public employees (Tarifbeschäftigte). Civil servants predominantly occupy higher positions within the system. Their legal status has been defined by a series of laws enacted at both the federal and State (Länder) levels. Throughout this process, legislators have been constrained by constitutional provisions mandating adherence to traditional structures. Nonetheless, there have been ongoing developments and discussions regarding potential reforms.

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The article highlights how public contracts are a crucial variable for the future of the government administration but at the same time represent a great challenge due to their complexity of the subject and the difficulty of in regulating them it in a simple yet effective way. The text article focuses on the many interests that the public administration has to consider when awarding contracts and how the new procurement Aact tries to combine a more streamlined discipline approach with the pursuit of the objectives of legality and transparency. The difficulty of achieving this goal can be seen is testified byin the recent experience of the UK legal system, which after Brexit is in the process of adopting a reform of public contract law that, despite the declared political intentions, still has many aspects in common with European and continental law.

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This article analyses the evolution of the political position of the civil service in Poland, against the background of the construction of the civil service recognised by European doctrine. The paper presents the first comprehensive statutory regulation from 1922, with an already mature structure, to which all subsequent democratic regulations referred, sometimes polemically. The second part first shows the destruction after 1950 of the then so professional civil service, combined with the introduction - by force - again of Russian models, including a poorly paid administration, executors of decisions made in a huge party apparatus. The reconstruction of the civil service could not take place until after 1989, and was done under the strong influence of French doctrine and practice, including an attempt to create a dedicated school - the National School of Public Administration. The conclusion shows that the regulation currently in force, which requires revision, lowers employment standards in the civil service, breaks with the principle of competitive and open recruitment for senior positions and undermines the principle of neutrality.

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This article analyses the new text of the Public Contracts Code with reference to the principles of sustainable development and environmental protection, neither of which are expressly mentioned among the new provisions. This examination provides an opportunity to reconstruct, according to Eu and national law, the role of the contracting authorities in pursuing environmental sustainability through public procurement. The approach followed in the new Code seems to be in line with the previous mandatory-rigid approach. Nevertheless, according to the principle of trust, corrective “functional” measures can be adopted to ensure that the processes of public procurement minimize damage to the environment and foster innovation.

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