La dichiarazione di inefficacia del contratto ex artt. 121 e 122 c.p.a. come misura processuale satisfattoria

[Autom. eng. transl.] The present work is part of the debate, having the character of vexata questio (in doctrine and jurisprudence), concerning the relationship between the cancellation of the award and the outcome of the contract. In particular, the author intends to examine the (new) power of ineffectiveness of the contract positivized by the Code of the administrative process under Articles 121 and 122 in order to evaluate the aspects of continuity and / or breaks with respect to the solutions developed in the past on the subject. The objective guiding the work is to interpret the deprivation of effects of the contract as a "satisfactory procedural measure" in line with the characteristics of a jurisdiction with a subjective right; that is, trying to define the power of this as a "bridge" and a median measure that denotes a "tension" and a finalization to further judgments (takeover or renewal of the tender) really satisfactory for the subjective legal position of legitimate pretense interest of the applicant and his "Good of life". In order to achieve this interpretative result, a series of critical, substantive and procedural profiles had to be addressed, trying to adopt (always) the most functional interpretative solution to the aforementioned objective, in particular: the offense or subjection to the principle of demand for said power; the declarative or constitutive nature of the sentence of the ga; the relationship between power of ineffectiveness and (residual) power of the vehicle; the administrative (or not) role of the ga in balancing the interests involved and, finally, the influence of the contractor's position as a (further) limit to the performance of the power.