On 1 July 2023, the Legislative Decree No. 36/2023 (the new "Code of Public Contracts") entered into force. One of the main new features of the Code is that its first part is devoted to the governing principles that apply to public contract procedures. The first three principles, namely those of result, trust, and access to the market, should supposedly be the cornerstone for the interpretation of every rule of the Code of Public Contracts. The principle of result is essentially aimed at the contracting authorities. It implies the obligation for such bodies to pursue the public interest when concluding public contracts in the fastest way possible, while still guaranteeing the best value for money. The principle of trust, on the other hand, ensures that when leading the procedures to tender for and manage public contracts, public entities will act in accordance with the law and with transparency. One important provision is the limitation, in the Code of Public Contracts, on the liability of public officials, which should lead to quicker tenders and procedures, given the increased freedom in granting authorisations and adjudications. The last of the three, the principle of access to the market, is a clear expression of the competition rules derived from EU treaties. Though previously mentioned in past versions of the Code of Public Contracts, it remains a fundamental principle in order to grant fairness and openness in public procurement tenders and should govern every aspect of the procedures.
Originally published July 2023.
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