The Author examines the amendments made to the regulation of Consorzi stabili by Legislative Decree No. 209 of 31 December 2024, containing “Supplementary and corrective provisions to the Public Con-tracts Code, pursuant to Legislative Decree No. 36 of 31 March 2023” (commonly referred to as the “Cor-rettivo”). The aim is to highlight a marked reversal of the previous legislative trend. In particular, the new regulatory framework appears to contradict the pro-competition rationale underlying aggregative models, which is designed to enhance the chances of small and medium-sized enterprises (SMEs) in winning public contracts. As a result, it risks severely undermining the operational effectiveness of Consorzi sta-bili
L'insostenibile instabilità del regime dei consorzi stabili
Paolo Clarizia
2025-01-01
Abstract
The Author examines the amendments made to the regulation of Consorzi stabili by Legislative Decree No. 209 of 31 December 2024, containing “Supplementary and corrective provisions to the Public Con-tracts Code, pursuant to Legislative Decree No. 36 of 31 March 2023” (commonly referred to as the “Cor-rettivo”). The aim is to highlight a marked reversal of the previous legislative trend. In particular, the new regulatory framework appears to contradict the pro-competition rationale underlying aggregative models, which is designed to enhance the chances of small and medium-sized enterprises (SMEs) in winning public contracts. As a result, it risks severely undermining the operational effectiveness of Consorzi sta-biliI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
