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The Public Administration Electronic Market is a digital marketplace,
created in 2002 and managed by Consip S.p.A., the Italian central purchasing
body, on behalf of the Ministry of the Economy and Finance. Through the
Ministry, registered authorities can purchase goods and services offered by
suppliers that have been vetted and authorised to post their catalogues on the
system for values below the European threshold.
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The Law Decree No. 21 of 15 March 2012, converted by
Law No. 56 of 11 May 2012, introduced a new set of special powers for the
Italian Government in relation to strategic sectors such as defence and national security, energy,
transport and communications.
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The article concerns the regulation of the Renewable Energy Market in Italy, providing a brief overview on the matter at hand.Â
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The Legislative Decree No. 164/2000 (also known as “Letta Decree ”) qualifies the natural-gas
distribution activity as a public service. This qualification derives from the aim
of natural-gas distribution to meet the needs of the community, by ensuring the
equal access to the gas grid (so-called “third
party access ”), the continuity and the quality of the service.
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With Legislative
Decree No. 50/2016 (the so-called “Public Procurement Code”, hereinafter “PPC”
or “the Code”) Italy implemented the EU Directives 2014/23/EU, 2014/24/EU and
2014/25/EU, concerning, respectively: (i) the award of concession contracts;
(ii) public procurement; and (iii) procurement by entities operating in the
water, energy, transport and postal services sectors. The PPC, by repealing the
2006 Code on public procurement (Legislative Decree No. 163/2006), reorganised
the pre-existing Italian legislation on public contracts relating to public
works, services and supplies.
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It is estimated that there are
about 8,000 companies in Italy whose capital is owned by public administrations
(State, Regions, Provinces, Municipalities, etc.…).
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In Italy, the economic interests related to the
commercial exploitation of publicly owned maritime (and lakeside) assets are
considerable. The Italian coastline is, in fact, longer than 7,000 km and there
are more than 30,000 bathing businesses. The majority are family-run businesses
and employ over 100,000 people.
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Laws reforming the
Italian Public Administration have been approved concerning so-called “silenzio assenso ” and time limits on
non-judicial executive action. There are moves for tighter controls on
leadership, to improve quality in the public sectors, to streamline all
services and to make them more economical.
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“In-house providing” is the result of the dispensation of public tender procedures for public
administrations, and allows the administrations themselves to provide goods,
services and works internally, rather than acquiring them from the market. This
model was created under EU case-law, specifically with the Teckal Judgement dated 18 November 1999, Case
C-107/1998 between Teckal S.r.l and the Municipality of Viano, which defined
two necessary parameters for in-house contract award procedures.
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In compliance with the provisions of art. 328, cl. 4,
d.P.R. 207/2010, the Contracting Authority can purchase goods and services
below the value of European Union thresholds by taking advantage of the public
administration electronic market. To do so, they must follow one of the
following procedures: