The ban on independent contracting far individuai little municipalities was intended to overcome their inadequacy by encouraging the development of larger territorial aggregations and the use of qualified Centrai Purchasing Bodies. lnstead, in arder to comply with this legal constraint (now suspended), it was chosen to opt far "opportunistic aggregations" that have not developed the necessary professional skills far an efficient reorganisation of joint procurement. The lack of national, ragionai or local coordination in favour of local authorities induced some private Associations, among which ASMEL (including the Association far subsidiarity and modernisation of local authorities) to fulfill the need and ask to redefine the procurement function as a "service to be opened to the market". ANAC filed a claim with the administrative judge as a distorted use of the public procurement function seemed to be conducted by private entities. The Court of Justice confirmed that Member States can decide the organizational models of procurement functions and their related limits also from a territorial perspective. This paper provides an overall view on the possible legitimate evolution of the procurement system for municipalities to assure legitimacy, efficiency and integrity. Cooperation and digitalization are the key elements to invest on for an innovative industriai policy.
La Corte di Giustizia e le scelte nazionali per una efficiente e trasparente aggregazione dei contratti pubblici: una sfida per l’evoluzione digitale della “funzione appalti” nazionale, regionale e locale
Gabriella M. Racca
2021-01-01
Abstract
The ban on independent contracting far individuai little municipalities was intended to overcome their inadequacy by encouraging the development of larger territorial aggregations and the use of qualified Centrai Purchasing Bodies. lnstead, in arder to comply with this legal constraint (now suspended), it was chosen to opt far "opportunistic aggregations" that have not developed the necessary professional skills far an efficient reorganisation of joint procurement. The lack of national, ragionai or local coordination in favour of local authorities induced some private Associations, among which ASMEL (including the Association far subsidiarity and modernisation of local authorities) to fulfill the need and ask to redefine the procurement function as a "service to be opened to the market". ANAC filed a claim with the administrative judge as a distorted use of the public procurement function seemed to be conducted by private entities. The Court of Justice confirmed that Member States can decide the organizational models of procurement functions and their related limits also from a territorial perspective. This paper provides an overall view on the possible legitimate evolution of the procurement system for municipalities to assure legitimacy, efficiency and integrity. Cooperation and digitalization are the key elements to invest on for an innovative industriai policy.
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