0000000000212305
AUTHOR
A. Amore
Gli operatori economici nel labirinto dei gravi illeciti professionali e il periodo triennale di esclusione dalla gara dall’accertamento definitivo
In the presence of a difficult system, such as that of serious professional offences, art. 80, paragraph 5, lett. c), Legislative Decree no. 50 of 2016, this work aims, first of all, to identify possible solutions suitable for avoiding choices of exclusion from the tender, potentially arbitrary, by the station contractor and to ensure a tender procedure based on compliance with the principle of certainty of law and on the constitutional principles referred to in Articles 3, 41 and 117, paragraph 2 lett. e), Constitution. We then focus on the issue of the temporal relevance of serious professional offences, such as significant deficiencies in the execution of a previous procurement contract,…
Il piano economico finanziario nelle concessioni di servizi
The motivational system contained in the sentence of the Council of State of 13 October 2020, n. 6168 suggests reflecting on the function performed by the economic and financial plan in the matter of service concession contract as well as on its possible qualification as an integral element of the economic offer presented by the economic operator
Le cause di esclusione di cui all’art. 80 D.Lgs. n. 50/2016 tra Linee guida dell’ANAC e principi di tassatività e legalità
This paper, concerning the Guidelines adopted by the ANAC on the subject of "Indication adequate means of proof and deficiencies in the performance of a previous procurement contract which may be considered significant for demonstrating the circumstances of exclusion pursuant to art. 80 paragraph 5, lett. c) of the code”, aims to highlight on the one hand how, the alleged optional nature of the same, recognizing to the individual contracting stations the right to decide on the applicability of the Lines themselves, could, on the one hand, lead to situations potentially harmful to the constitutional principles pursuant to articles 3, 41 and 117, paragraph 2, lett. e) of the Constitution, to …
La responsabilità della P.A. per danno da vaccinazione: il bilanciato legame tra dovere di solidarietà e dignità umana
The history of yesterday and today – think of the emergency caused by the spread of the infection from Covid- 19 – tells us about the suspension of constitutional guarantees, reason of State and emergencies that justify the limitation or cancellation of fundamental rights; as well as “full powers” granted to governments and continuous attempts to consider the freedoms recognized as excessive in relation to the needs of social control or economic development. In this context, a relationship that tends to be equal between the State and the individual has been accompanied by an unequal relationship in which the inequality is the fundamental constitutional rule, since everyone knows that subjec…
I profili insidiosi dell’avvalimento dalla natura e funzione di garanzia della responsabilità dell’ausiliaria al principio di sostituibilità dell’avvalso
In the light of the approval of Bill No. 50/2016, availment is one of the most problematic institutions in terms of application. The aim of this work is to examine the innovative contributions, relative to the indication of resources covered by the contract of availment; the function and the nature of the supportive responsibility of the auxiliary firm with regard to the Public Administration; the principles of modifiability of the auxiliary firm, to highlight all critical profiles currently in force.