Prawo Zamówień Publicznych

no. 4/2024

Anti-Corruption measures in the new framework of the Italian Public Procurement Code: for a trust-based approach?

DOI: 10.32027/PZP.24.4.4
Vittoria Berlingò
Full Professor of Administrative Law, Law Department ‘Salvatore Pugliatti’, Università degli Studi di Messina, Italy
Abstract

This article explores the evolving framework of anti-corruption measures in Italy’s public procurement system, particularly in light of the new Italian Public Procurement Code (Legislative Decree No 36/2023). Public procurement in Italy has been historically vulnerable to corruption, primarily due to ties between public officials, organised crime, and inefficient administrative practices. While previous reforms focused on a repressive approach to detecting corruption, the new code introduces a trust-based approach, shifting the focus towards promoting transparency, accountability and discretion in decision-making. This paradigm shift aims to strike a balance between preventing corruption and enhancing the efficiency of public procurement activities. Key measures include increased digitalisation of procurement processes, the use of risk indicators to detect potential misconduct and fostering trust between public officials and economic operators. The article highlights the role of the National Anti-Corruption Authority (ANAC) and its database, which aids in detecting and preventing corruption through data-driven indicators. In conclusion, the paper discusses how the implementation of trust-based principles and innovative regulatory frameworks may reshape the fight against corruption in Italy’s public procurement system, offering a more proactive, preventive approach to managing public resources.

Keywords
Anti-corruption, Public procurement in Italy, Legislative Decree No 36/2023, Transparency, National Anti-Corruption Authority (ANAC), Risk management, Public contracts