Gli accordi tra i privati e gli strumenti di ADR: il ruolo del collegio consultivo tecnico nel nuovo Codice dei contratti pubblici

Abstract

The essay by the author focuses on the “new” alternative dispute resolution called the Technical Advisory Committee ( Collegio consultivo tecnico). The purpose is to analyze the tool by referring to the broader area of administrative justice, emphasizing its peculiarities and showing the reasons for the possible success in using ADR tools which is inspired by the need to simplify and reduce litigation by increasing the intervention of third parties and impartial experts. Subsequently, the focus will fall on the analysis of the various ADR tools present in the Italian legal system, highlighting their different characteristics and exalting the different functions they cover. The central part of the essay will focus on the Technical Advisory Board, reconstructing its history, functions and role within the new Code., The author also examines the legal nature of the CCT's determinations, noting the strengths and weaknesses of the new provision presented by the new Code. Finally, the analysis will focus on the preparedness of the experts who will be part of the CCT and possible solutions to be used to enable the instrument to function, in order to allows the official to avoid assuming administrative liability and to overcome fears of defensive bureaucracy.