Italian Rules On Joint Ventures In Public Procurement And Concessions
Italian rules on jointventures concerning public procurement and concession contracts are set out inlight of the European legal framework provided for in Directive 2014/23/EU and 2014/24/EUof the European Parliament and of the Council. The European rules aim to ensurethe best use of public money so that EU citizens benefit from strategicinvestments and services at fair …
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European and Italian rules on Fluorinated gases
1. Overview In pursuit of the environmental aims set by Kyoto Protocol (COP3, 1997), the European Union has taken several measures in order to reduce gas emissions causing the global greenhouse effect. Among these gases, the most important are Carbon Dioxide (CO2), Methane (CH4), Nitrous Oxide (N2O) and the Fluorinated gases (“F-gases”), which are Hydrofluorocarbons …
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Confiscation Under Art. 44 Of The Italian Construction Code And Protection Of Third Parties
The confiscation measure examined in this essay is provided for in Article 44 § 2 of Presidential Decree no. 380/2001 (hereinafter, “Construction Code”), under the heading “Criminal sanctions”. Article 44 § 2 states: “In a final judgement establishing that there has been unlawful site development, the criminal court shall order the confiscation of the unlawfully …
Public Procurement In Italy: New Rules In Respect Of Grave Professional Misconduct
In Italy, the “Public Contracts Code” (Legislative Decree No. 50/2016) pays particular attention to the integrity and reliability of the potential public tender contractor. The Code specifies a series of cases in which an economic operator must be excluded from the participation of a call for tender as it has been found guilty of grave …
Environmental Liability: Does Land Ownership Imply An Obligation To Restore A Contaminated Area?
A recent judgement delivered by the Administrative Court of Brescia (No. 964/2018) clarified uncertainty on the responsibility of decontaminating a polluted area, specifically enquiring the relationship between ownership and decontamination.
Temporary Association Of Companies And The Competitive Market
The Italian legal system, being in line with European law, provides for the institution of an RTI – a temporary association of companies (raggruppamento temporaneo di imprese) – (hereinafter, “RTI”). Under this institution, a company that lacks the necessary economic and/or technical requisites called for by the commissioning body in a specific public procurement procedure …
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Evolution of the IPPC release on the basis of BAT conclusions
The IPPC (Integrated Pollution Prevention and Control) is an administrative act which is required by State authorities to allow an emission plant to operate. Initially conceived by the European Union (Directive 96/61/CE), every Member State later implemented national environmental legislation with the aim of reducing their emissions in compliance with EU legal parameters.
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 …
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The Amendments Of The Decennial Posthumous Insurance In The New Code Of Public Contracts
The Article n. 103 of the new Code of Public Contracts – Legislative Decree n. 50/2016, most recently amended by the Legislative Decree n. 56/2017 – provides assurances for the execution of the public contract – the so called final assurance -, issued by the contractor. In particular, paragraph 8 regulates the decennial posthumous insurance, …