Gli affidamenti sotto-soglia nel nuovo codice appalti e la prospettiva di un correttivo

Abstract

As is known, the community constraints in the field of public evidence in the selection of the private contractor operate, in full, only for contracts whose value exceeds the European threshold.
Therefore, below this amount, the discretion of the national legislator is free to select the structure deemed most functional to the achievement of public interests and, consequently, grant the contracting authorities greater or lesser autonomy.

It is clear that this is a crucial choice for the functioning of the entire public procurement machine, since - given that the vast majority of contracts, which have been on the rise for several years, are positioned below the threshold - the latter , moving on the ridge constraint of the law / discretion of power, can encourage a very wide diffusion of direct assignments and negotiated procedures.