Gli operatori economici nel labirinto dei gravi illeciti professionali e il periodo triennale di esclusione dalla gara dall’accertamento definitivo

Abstract

In the presence of a difficult system, such as that of serious professional offences, art. 80, paragraph 5, lett. c), Legislative Decree no. 50 of 2016, this work aims, first of all, to identify possible solutions suitable for avoiding choices of exclusion from the tender, potentially arbitrary, by the station contractor and to ensure a tender procedure based on compliance with the principle of certainty of law and on the constitutional principles referred to in Articles 3, 41 and 117, paragraph 2 lett. e), Constitution. We then focus on the issue of the temporal relevance of serious professional offences, such as significant deficiencies in the execution of a previous procurement contract, which gave rise to the early termination of the contract, art. 80, paragraph 10, Legislative Decree no. 50 of 2016.