No. 400 - Public works procurement in the new code: a legal and economic assessment of the main measures

In the light of the economic literature, this paper provides an analysis of the main measures for public works, introduced by the new Public Contracts Code, in order to assess whether they could help to solve the problems of the Italian market, characterized by fragmented public demand and a high level of cost overruns and delays in the execution phase. The paper highlights both the progress made, also thanks to the recently approved corrective decree, and the remaining shortcomings, such as the inconsistencies in the definition of the contracting authorities' qualification requirements and firms' rating factors, as well as the uncertainties affecting the wider margins of autonomy and flexibility granted to the contracting authorities. Overcoming these problems will also depend on the ANAC as a regulatory body that supports the functioning of the system. Moreover, both before and after the execution phase of works, the legal framework still needs to be completed with the introduction of independent reviews of the projects' ex-ante appraisals and the definition of a systematic process for ex-post evaluations of finished projects.