PROFILI DI (IN)COSTITUZIONALITÀ DELLA DISCIPLINA DEGLI APPALTI PUBBLICI NELL'ORDINAMENTO REGIONALE SICILIANO

Abstract

Before of EU regulations and competition principles, it is today more and more difficult to justify a persistent role of Regions in legislative power beyond the competence of the State. In public procurement Italian Constitutional Court has progressively reduced such role for the benefit of the state legislative power, also with regard to Regions, such as Sicily, which enjoy "special" autonomy. Regions are trying to counter this trend, persisting in the approval of regional laws which differ in certain respects from the state law, often just to safeguard local interests opposing free market or just to reaffirm the importance of regional public authorities even in the absence of a genuine public interest justifying different rules.