Commissione giudicatrice (Commento all'art. 93 d.lgs. 36/2023)

The rules of the selection board have some substantial differences compared to the corresponding provision of Legislative Decree 50/2016 (art. 77). First of all, in the previous code, the power of appointment had been essentially taken away from the contracting authority: in fact, based on art. 77, paragraph 3, Legislative Decree 50/2016, the choice of commissioners (necessarily external to the contracting authority) should have taken place by drawing lots among those registered in a Register established at ANAC. However, the Register has never actually been activated; in addition, the application of this provision has been postponed several times (see, most recently, art. 1, paragraph 1, Legislative Decree 32/2019 conv. in l. 55/2019): therefore, this provision has never had a concrete application and the contracting authorities have continued to appoint the commissioners directly. Secondly, in the article in question, the so-called endo-procedural incompatibility is no longer foreseen. Thirdly, it is expressly provided that the RUP may be part of the commission, even as president for the tenders under the threshold of art. 51.