Abstrakt

The new Code of Public Contract and European law With the law 28 January 2016, n. 11, Government has been delegated to ensure the implementation of the new European rules on public procurement and concessions in a single regulatory text, in order to ensure a unified framework of legal certainty for all institutional and private operators. Therefore, it was issued the New Code of Public Contracts, that is D.Lgs. 18 April 2016 n.50, that replaces the one issued 10 years ago, and holded in D.Lgs.12 April 2006 n. 163. In the new Code of public contracts, the third part (art. 164–178) is dedicated to concessions with respect to which it introduces a systematic discipline that precisely regulates concessions and fixes a strict regulation of motorway concessions and outsourcing duties for concessionaires selected thraough a tender.  Under the system introduced by the three european Directives about public contracts, the one on concessions (Dir. 2014/23) is certainly the most important news since, at European level, it introduces a comprehensive regulation of the concessions, both of works and services. It is a discipline that arises in a European context characterized by the freedom of choice of management procedures for the execution of works and provision of services. The introduction of this regulation aims to: 1) ensure a high level of quality, safety and affordability, equal treatment and promotion of universal access, promotion of user charges for public services, as required by considerando n. 5 and by article 2 Dir. 23/2014, transposed in art. 166 Code; 2) also to guarantee the freedom to set up services of general economic interest and non-economic services of general interest (Considerando n. 6). It follows that the European law does not require that services of general economic interest are necessarily entrusted to third parties. Indeed, first of all, Dir. 23/2014 – the one about...