La revoca del RUP tra silenzi positivi e “disinvoltura” della prassi

Abstract

This paper critically addresses - with reference to both the procedure in general and the tender procedures - the issue of the revocability of the RUP and the methods with which such an act can be adopted. Public contracts are the area in which replacement is most used, as demonstrated by the practice constituting the starting point of the investigation. After an analysis of the positive, jurisprudential and ANAC opinion framework on the matter, the main constitutive elements of the appointment of the RUP are identified and the position of the figure - hybrid between organization and administrative activities - and its ontological anchoring to responsibility are identified in order to propose indications - among other things - on the essential contents of the contrarius actus of his revocation and on the competence to issue the respective act.