Law No. 11/2016 delegating the Government for the implementation of Directives 2014/23/EU, 2014/24/EU, and 2014/25/EU of the European Parliament and of the Council of 26 February 2014, concerning the award of concession contracts, public procurement, and procurement procedures of entities operating in the water, energy, transport, and postal services sectors, as well as for the reorganization of the existing legislation on public contracts relating to works, services, and supplies.
Country
Type of law
Legislation
Abstract
Law No. 11/2016 delegates authority to the Italian Government to transpose into national law Directives 2014/23/EU, 2014/24/EU, and 2014/25/EU concerning public procurement and concession contracts. The legislative delegation mandates the adoption of one or more legislative decrees by 18 April 2016 for the implementation of the aforementioned directives, and by 31 July 2016 for the comprehensive reorganization of the existing regulatory framework governing public contracts, with the possibility of consolidation into a single legislative instrument. The enabling law delineates guiding principles and specific criteria, including but not limited to: regulatory simplification, procedural digitalization, enhancement of transparency and competition, environmental and social safeguards, and facilitation of access for small and medium-sized enterprises. It further provides for the establishment of unified codes for public procurement and concessions, the incorporation of social clauses, the application of award criteria based on the most economically advantageous tender, and the creation of national registries for technical experts and evaluation committees. The law also governs the procedures for stakeholder consultation, the issuance of interpretative and operational guidelines by the National Anti-Corruption Authority (ANAC), and permits corrective legislative measures within twelve months of the entry into force of the implementing decrees. It expressly stipulates that the implementation of the delegated legislation shall not result in additional burdens on public finances. Moreover, it recognizes the legislative autonomy of regions with special statutes, provided that their implementing measures conform to the fundamental principles of the national reform.
Attached files
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Legge 28 gennaio 2016 , n. 11 Deleghe al Governo per l'attuazione delle direttive 2014/23/UE, 2014/24/UE e 2014/25/UE del Parlamento europeo e del Consiglio, del 26 febbraio 2014, sull'aggiudicazione dei contratti di concessione, sugli appalti pubblici e sulle procedure d'appalto degli enti erogatori nei settori dell'acqua, dell'energia, dei trasporti e dei servizi postali, nonchè per il riordino della disciplina vigente in materia di contratti pubblici relativi a lavori, servizi e forniture. (16G00013)