Crisi d'impresa e contratti pubblici. Riflessioni critiche sull’istituto dell’avvalimento obbligatorio e ‘rinforzato’

Translated title of the contribution: [Autom. eng. transl.] Business crisis and public contracts. Critical reflections on the institution of mandatory and 'reinforced' pooling

Mauro Renna, Stefano Vaccari

Research output: Contribution to journalArticle

Abstract

he paper deals with the study of the relationship between bankruptcy law and public procurement. Given the complexity of the subject, the analysis proceeds through a brief diachronic analyis of the stratified regulatory framework, with the aim of highlighting the reasons underlying the evolution of the relationship between these two branches of the legal system. A specific attention is devoted to the so-called ‘mandatory pooling’, which in the current Public Procurement Code (Legislative Decree No. 50/2016) was supposed to represent the balancing point with respect to the plurality of public and private interests involved in the cases of participation of economic operators in a state of insolvency or bankruptcy in public tender procedures. As the analysis shows, several critical issues characterise the aforementioned legal institute suggesting, therefore, its elimination in light of the ongoing reform process of Italian public procurement law.
Translated title of the contribution[Autom. eng. transl.] Business crisis and public contracts. Critical reflections on the institution of mandatory and 'reinforced' pooling
Original languageItalian
Pages (from-to)88-107
Number of pages20
JournalFederalismi.it
Publication statusPublished - 2023

Keywords

  • Avvalimento obbligatorio
  • Avvalimento rinforzato

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] Business crisis and public contracts. Critical reflections on the institution of mandatory and 'reinforced' pooling'. Together they form a unique fingerprint.

Cite this