Il rito super-speciale ex art. 120, comma 2-bis, c.p.a.

Abstract

The legislative decree No. 50/2016 has introduced a new administrative judicial procedure (the so-called “rito super-speciale”) in the field of public procurements. Pursuant to such procedure,the economic operators participating in a public tender are taken to challenge the admissions of other competitors and the exclusion eventually suffered disposed by the contracting authority before the awarding of the tender.

The paper aims to critically analyse, by giving voice to the relevant opinions (often contradictory) of both scholars and case-law, the interpretative problems arisen from the application of this new procedure.

The essay is updated to the most recent case-law and it takes into account the decision of the Court of Justice of the European Union (c-54/18), whereby the European judges have acknowledged the compliance of the “rito super-speciale” with the European legislation.