Simplification

The paper deals with the mobile boundaries between private autonomy, law, administration and jurisdiction and briefly examines the phenomena of administration by law, simplification and replacement of administration by the administrative judge. Using a lay approach, the paper seeks to find the conceptual coordinates that, without treating the separation of powers as an intangible dogma, can be used to quantify and evaluate the extent to which other authorities have encroached upon the ‘naturally’ assigned domain of public administration.

The following paper shows how the introduction of electronic instruments and databases for contracting authorities, like the e-procurement portal “Tutto Gare” used by Brescia Infrastrutture S.r.l., has brought a substantial simplification in public commitment procedures, allowing for the adjudication of public tenders even during the lockdown period caused by the COVID–19 pandemic. However, the path to digitalisation of tendering procedures hasn’t been concluded yet. The hope is that in the aftermath of the pandemic all the information concerning economic operators and tendering procedures could be found on uniform and centralized databases (like the so-called Economic Operator’s Dossier ex art. 81, c. 4, d.lgs. n. 50/2016), which will help both the contracting authorities in the selection of the contractor as well as the economic operators themselves.

The paper aims to reflect on legislator’s vain and repeated attempts to simplify the regulations and procedures concerning public contracts. The attempts have mainly been through emergency responses which often create uncertainty and difficulties in interpreting and applying rules. The author urges the pursuit of legal stability and a true simplification through the development of discretionary powers, professionalism and responsibility on the part of the contracting authorities.

Public administration has long been regarded as an obstacle to economic development because of high degrees of complexity, formalism and inefficiency. On the assumption that one can do without an inefficient administration, we are witnessing an expansion of administration by law. To cope with this phenomenon, there have been several reforms aimed at the so called “de-bureaucratisation”. Administrative simplification, however, cannot be conceived as a simple reduction of complexity, which in fact reflects that of the reality administered. The regulation of Special Economic Zones offers an interesting opportunity to reflect on the different types of administrative simplification that can be envisaged. On the one hand, it allows one to isolate some mutations suffered by traditional institutions, such as the conference of services. On the other hand, it allows one to define the tension between the decision-making and the "cognitive" instance, as it is precisely the latter that makes it possible to highlight the need for a recovery of the administrative technical capacity, which could help identify fruitful paths of administrative reform. Simplification alone is not a sufficient solution to solve the crisis in public administration. The National Recovery and Resilience Plan seems to be starting from this consideration, promoting the selection of the best skills and qualifications, through a review of the public competition’s procedures and the promotion of merit in the context of Public Administration.