The Legal 500 > Cleary Gottlieb Steen & Hamilton LLP > Milan, ITALY

The Public Administration Electronic Market: the future of public procurement

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.

- Villata, Degli Esposti e Associati
Golden powers: a new set of special powers for the Italian Government

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.

- Villata, Degli Esposti e Associati
Renewable Energy and Conservation - Overview

The article concerns the regulation of the Renewable Energy Market in Italy, providing a brief overview on the matter at hand.

- Villata, Degli Esposti e Associati
LIBERALISATION OF THE GAS DISTRIBUTION SERVICE: AN UPHILL STRUGGLE?

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.

- Villata, Degli Esposti e Associati

New Rules on Public Procurement: A Stronger Stance for “Greener” Public Contracts

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.

- Villata, Degli Esposti e Associati

THE MADIA ACT ON PUBLIC COMPANIES: AN OVERVIEW

It is estimated that there are about 8,000 companies in Italy whose capital is owned by public administrations (State, Regions, Provinces, Municipalities, etc.…).

- Villata, Degli Esposti e Associati

The EU and Italian Concessions for the Exploitation of Publicly Owned Maritime Assets

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.

- Villata, Degli Esposti e Associati

PUBLIC ADMINISTRATION – A REFORM

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.

- Villata, Degli Esposti e Associati

In-House Providing

“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.

- Villata, Degli Esposti e Associati

Procurement System within the framework of MePA

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:

- Villata, Degli Esposti e Associati

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