Gli appalti pubblici nel nuovo diritto in materia di sostenibilità ambientale. Dalle previsioni isolate alla metodologia di sistema

Abstract

Objective This work shows how the new contracts - along a line ranging from art.30, art.34, art.87,to art.95of the Code of public contracts -are economical instruments of modern environmental policies aimed at regularly achieving sustainability. Method The method of explanation is a blend of juridical and economic analysis made within the reconstruction of the evolution of environmental policies that started back in the 1970s. In particular, the attention is focused on the principle of sustainable development, analyzed from its origins by the BrundtlandReport up to the modern implementation through the success of the principle of integration. The principle of sustainable developmenthas many layers, which combine three “souls”: environmental, economic and social sustainability; thus, sustainability does not coincide with mere economic development – it means something more. Sustainable development goes beyond the GDP – it represents a new indicator of well-being. This work studies in detail one the three pillars of sustainability, i.e. the environment, by trying to analyze through continuous research updates linked to the latest European and national regulatory news, how ecological variables fall within the procedural itinerary of contracts. Conclusions Sustainable development is now a political-economic global approach. The issue of eco-sustainability cannot be postponed any longer and requires rapid solutions. Therefore, it is necessary that the forecasts foreseen by each operational instrument such as “green contracts” are oriented towards the system methodology so that pursued goals will no longer be sector-based, but will bear in mind the economic advantage for the public administration, the eco-system and the social and governmental community. [edited by Author]