Reliance and result in the new Italian Code of Public Contract: can we rely on the result?

Abstract

Public procurement contracts play a vital role in government expenditure, necessitating transparency and fairness in their allocation. Originating from European Directive 2004/18/CE, Italy has continuously updated its legislation, with the latest being the enactment of the New Code of Public Contracts in 2023, which represents a significant overhaul, emphasizing digitalization throughout the contract life cycle to simplify processes, enhance competition, and mitigate corruption risks. Articles 1 to 12 of the New Code establish general procurement principles, with particular focus on the "result principle" and the "reliance principle" outlined in Articles 1 and 2, respectively. While the New Code signifies progress in procurement regulation, practical implementation and potential judicial interpretation challenges remain. The extensive use of general principles may grant courts undue interpretative power, potentially compromising legal certainty and predictability in judicial outcomes. Monitoring the Code's implementation will be crucial to assess its efficacy and address any emerging issues.