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RESEARCH PRODUCT

The Italian regulation of public procurement contracts and the prevention of money laundering in pandemic times

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This paper aims to explain the peculiarities of Italian public procurement contracts and the remedies provided to prevent money laundering and other criminal activities related to the unlawful interference in these relationships between private economic operators and public entities. The analysis starts from the examination of public subjects, their role and mode of action according to the Italian legal system, with particular attention to the discipline of public procurement contracts and the connected money laundering risks. Due to the peculiarity of the economical relationships involved, of the parties and of the subject, these contracts, are mostly regulated by a Decree, called Code of public procurement contracts, rather than by the general contract law rules. The framework resulting from this analysis is not devoid of issues, that emerged especially in recent months during the pandemic and the crisis resulting, against which the risk prevention system prepared was effective but still improvable. This analysis provides an opportunity to reflect on the current regulation of public procurement contracts and on the possibilities of strengthening instruments for prevention and protection against money laundering and financial crimes in parallel with streamlining procedures.