Actualidad Jurídica Ambiental: Suplemento 155/2, Dedicado al IV Congreso Internacional Compra Pública Verde y Cambio Climático

As the EU and some Member States shift towards mandatory SPP provisions, ensuring effective monitoring and enforcement mechanisms becomes crucial. At the national level, Italy was a pioneer in adopting Minimum Environmental Criteria - Criteri Minimi Ambientali (hereinafter MEC) for public procurement. This article aims to provide an overview of the Italian mandatory requirements for SPFP contained in both the PCC and the MEC Food, elucidating the legal mechanisms available to ensure their enforcement. As the first EU country to implement legally binding SPFP requirements for all contracting authorities, Italy’s approach may inspire other Member States in transitioning towards SPFP requirements. Enforcement in this context encompasses both non-judicial and judicial measures to ensure compliance with SPFP regulations and requirements. The article addressed enforcement at two levels: the single procurement-contract level (micro) and the aggregated level (macro), both local and national. The roles of various actors involved are discussed, analyzing relevant provisions and administrative case-law.