La programmazione nel ciclo di vita degli appalti pubblici

Abstract

With the new public procurement code, which replaced Legislative Decree 18 April 2016, no. 50, procurement procedures and their operational phases have undergone significant evolution. The aim of the research is to analyse their developments, with particular attention to the very first phase of the procurement procedure: programming. The study starts from the 2006 Code, examining the provisions of Legislative Decree 50/2016, up to the code introduced by Legislative Decree 31 March 2023, no. 36. The specific object of investigation is the three types of programming: the programming of public works, the purchase of goods and services and the programming of strategic infrastructures and of pre-eminent national interest, illustrating the critical issues and strengths that this phase has exhibited as a result of the various disciplines that have intervened on the matter. Attention is paid, in particular, to its binding nature and to the consistency of the current discipline with respect to the principles expressly established by the new public procurement code.