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The new Italian Public Procurement Code: a (missed) revolution?

On 1 April 2023, Legislative Decree 31 March 2023, No. 36 entered into force in Italy as the new Public Procurement Code (the Code) which will apply to new public tenders from 1 July 2023 onwards.

The Code aims at introducing a much more flexible regime that speeds up or reduces public tenders, by removing some of the constraints that have complicated and burdened the regulatory landscape on public procurement, and that have often delayed the completion of public works and discouraged medium and small businesses, hindered by uncertainty and bureaucracy. The Code does not represent a revolution, however it provides some significant innovations to speed up the tenders, confirming certain temporary exemptions granted in the past years to cope with the pandemic or to reflect the principles and rules established by national and supra-national case law.

Now the main challenges for Italian public administrations and contracting entities will be to effectively implement digitalisation, ensure adequate training of the personnel involved in the tenders and a selective requalification of the contracting entities.

Read the pdf attached for an overview of the main innovations provided by the Code.