Il Responsabile Unico del Procedimento: troppe competenze e responsabilità o poca formazione?

Abstract

The sole head of the procedure (RUP) is responsible for a sort of "direction" of the entire public procedure, pursuant to art. 31 of Legislative Decree 50/2016. In fact, the RUP plays a particularly complex role, in a fundamental area such as that of public contracts: however, the regulatory instability, the numerous technical skills required of it, the lack of an organic training system and the provision of responsibilities of a different nature , sometimes they demotivate the operators of the contracting stations to assume this role.

These critical issues, object of reflection in this work, are some of the factors that emerged from the analysis of the responses of 5104 employees of contracting stations, including 4670 with the qualification of RUP, who were given the questionnaire developed for a research by the Conference of the Regions. and autonomous provinces, Confindustria, Ance and the Bachelet Center of the Luiss Guido Carli University. The questions examined concern, specifically, which factors discourage taking on the role of RUP, what responsibilities intimidate and condition the work of the RUP, what actions would help to improve the work of the contracting authorities and what remedies could motivate the officials public to assume the role of RUP.

By examining the data that emerged, the contribution therefore proposes to reconstruct the legislative and administrative discipline of this fundamental institution. Particular attention will be devoted to the issue of the competences of the RUP, its training and its responsibilities. Finally, analyzing the proposals to improve the public procurement sector, a mention will be made of the issue of central purchasing bodies and the qualification of contracting stations.