Natura oggettiva della responsabilità per danni in materia di appalti: nuovi fondamenti tra norme e principi

[Autom. eng. transl.] Through the recognition of the objective nature of the responsibility of the administration the administrative judge reaches the point of affirming the regulatory autonomy of the model of liability for damages in the matter of public tenders pursuant to art. 124 cpa The comment investigates the consequences that derive from the phenomenon of normative fragmentation of the responsibility models that this autonomy achieves, and that sometimes, as in the case of delay damage, is the product of a regulatory short-circuit that transforms the items of damage in theoretical and regulatory models of autonomous responsibilities. This phenomenon brings the attention, of the judge and the interpreter, to the positive normative datum: in this path, which rewards the reunification of substantial legality with formal legality (even community), it is necessary to pay attention to the distinction between norms and principles, through which we come, in a different way, to the harmonization of internal systems