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Corrective decree Procurement Code
Tuesday 3 December 2024

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Confindustria, in general, expresses its appreciation for the underlying rationale of the measure, which clarifies, specifies and implements some provisions that have presented application criticalities, with particular reference to the annexes, so as to facilitate the structural relaunch of public investments.

La recent reform of the Public Contracts Code has the onus to support a change of pace and create the conditions for a greater capacity to spend public resourcesbut also an adequate investment capacity to accompany the country's technological, digital and sustainable transition, also in the post-NRP phase.

In that logic, in the contents of the corrective decree scheme remain some critical issues, which undermine the pursuit of the objectives expressed in the three 'super principles' on which the Procurement Code hinges: the principle of result, by trust and of market access.

The application of the principles of result and trust cannot allow the administration to violate the criteria that form the basis of tendering procedures, i.e. the protection of competition and the par condicio competitorum.

It is therefore it is necessary to intervene on specific profiles with changes ad hoc aimed at introducing the necessary corrective measures to ensure better management of public investments, as well as greater market opening and protection of competition.

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