Contributo alla riflessione in materia di qualificazione ed esecuzione di contratti pubblici da parte dei consorzi stabili.

Abstract

The expression "cumulo alla rinfusa" refers to the instrument through which the stable consortia of companies (“consorzi stabili”), one of the possible forms of aggregation of economic operators for the participation in public tender procedures in Italy, attests the possession of the economic and technic requirements through the use of those of the associated companies and, successively, assume on their own or distribute among their members, in whole or in part, the execution of the awarded contracts. The above mentioned description of the “cumulo alla rinfusa” arises from the repealed public contracts code but its continuing existence seems to be questionable in the light of art. 47 of the new public contract code (legislative decree n. 50/2016). The paper aims to critically analyze the legal institute in its evolution under both the old public contract code and the new one.