Published on the last Sole 24Ore “Guide to public procurement” our paper on public contracts dispute resolution
The “Guide to public procurement” by the Italian professional editor “Il Sole24 Ore” was published a few days ago and is available on newsstands, in bookstores and – also as e-book – online.
The book, edited by attorneys Maria Cristina Colombo and Mattia Casati, offers a complete and updated (it also takes into account the latest innovations introduced by Italian Law-Decree no. 77/2021) operational tool on the Italian discipline of public contracts.
As the readers of this blog know, the Italian statutory law and regulation on public procurement are constantly changed and have been characterized in recent years – even in the pre-covid era – by a trend towards “extraordinary” measures, temporary or permanent, motivated by the desperate search for simplification and acceleration of the procurement procedures.
The Guide contains contributions from notable experts of the sector – both lawyers and non-lawyers – and manages to take a comprehensive look at both the discipline of the Italian code of public contracts and the various “extraordinary” interventions that have modified or derogated from the rules of the code, such as the last modifications for the execution of the Next Generation EU Plan. The practical approach, with the analysis of various concrete cases, makes the text particularly suitable for those who deal with public procurement as a profession, but also for students who want to explore the subject taking into account its most relevant applications and the most recent innovations.
Adopting this philosophy, we contributed to the collection with the chapter “Pathology of the contractual relationship and the role of ANAC”, written by Michele Rizzo and Marco Fontana. The chapter deals with the contractual termination, withdrawal, ADR and other “judicial” tools by the Italian public procurement authority (ANAC), regulation of settlement agreements. The topics are presented with the aim of giving as clear and complete an idea as possible of the fundamental elements of the regulation, focusing on the most significant issues, for their importance within the practice or for the problems posed by the interpretation of the rules.
