Abstrakt

Introduction  Firstly I would like to thank Professor Ryszard Szostak for the invitation to the conference “New Public Procurement Law – Directions of modernization”, which is held in a nice town, as Krakow. As well as I am pleased to take part as honorary membership in the Program Council of the Quarterly of the Public Procurement Law.  I am sure that this event will lay the foundation for further development of the cooperation between the University of Messina and Cracow University of Economics, with a perspective of research and comparison of study experiences, that already appears to be very interesting.  In presenting the issue of my contribution, object of this conference, above all it is opportune to describe the content of the new legislation, with the simultaneous indication of some critical issues1.  The Italian legislature, adopting the requirements of the EU directive of 2007 by decree no. 53/2010, introduced a system that relies essentially on remedies of preventive nature that impose an obligation not to conclude a contract before thirty-five days from the start 39of the last communications of the final adjudication provision2. It is also disposed that «If it is brought against the final adjudication with contextual application for precautionary injunction, the contract cannot be stipulated, from the time of notification of application for precautionary injunction to the contracting authority and for the following twenty days, provided that within this period there is an intervention in at least the precautionary measure...