Le procedure ad evidenza pubblica, con particolare riferimento alle forme innovative di approvvigionamento. Profili ricostruttivi ed aspetti problematici

Abstract

The main features involved in the field of public procurement are generated by the continuous and often laborious synthesis between law and economics; between protection of the community and the rights of the individual contracting party of the PA. The current legislation, which defines the procedures for the award of contracts by public Administration is often at the center of innovations and legislative procedures that are renovating the scope and structure. Taking into account the relevant changes already made to the context of the matter by the Legislative Decree n. 163 of 13 April 2006, on the transposition of Directives 2004/18/EC and 2004/17/EC, and in light of the new Directives 2014/23, 2014/24 and 2014/25, it was intended to proceed, in the first part of the work, to reconstruct the framework of the core values of the notion of public evidence, in the field of internal and community, taking care to highlight - in the respective jurisdictions - the main differences in the underlying philosophy that characterizes the public contract. If at the national level, the notion of public evidence began as the contractor of choice system P.A. with the aim of safeguarding the fairness and impartiality of administrative action, and then evolve towards greater estimate of private interests through the means of protection of competition and equal economic operators access, the Community law, however, reports the ratio of the rules governing public procurement, established by the purpose of creating conditions of effective competition in the context of selection procedures, in order to guarantee freedom of establishment and freedom to provide services under Articles. 43 and 49 of the EU Treaty. 4 There are many technical standards used by the Community legislature - with the advanced time within the three mentioned Directives of 2014 - , all of them inspired at the principles of non-discrimination, transparency, equal treatment, proportionality and mutual recognition with respect to notion of effective competition. In the light of these principles, and after setting out the conceptual framework of reference, it is interesting result grasp the degree of evolution of matter and the question of what are the most current issues, with particular reference to the E-government and the current electronic tools trading (marketplace of PPAA). The latter represent the individual steps towards the necessary adjustment to those procurement models based entirely, or nearly so, on the use of electronic tools. And the European Union funded a complex of measures aimed at imparting a strong acceleration, namely by 2016, for all Member States, towards the so-called "E-procurement"; the latter can help to address two of the main challenges that the European economy is confronted: the need to optimize the efficiency of public spending in a context of budgetary restrictions and the need to find new sources of economic growth. The above considerations could be enough to understand the complexity of the issue that has much relevant even to light the issue of EU Directives of 2014. It will be interesting, therefore, to wait even the ways in which the novelties enshrined in the Directives are transposed from sorting inside. [edited by Author]