No. 1065 - Administrative litigation and public procurement outcomes: evidence from Italy

Questioni di Economia e Finanza (Occasional papers)
by Enza Maltese and Gabriele Rovigatti
October 2026
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The paper examines the role of administrative litigation in public procurement, identifying the main characteristics of the procedures subject to litigation and assessing the effects of appeals on tender completion times and, for public works, on the start of construction on public worksites. It also analyses how the onset of litigation affects the subsequent behaviour of the contracting authorities involved.

The procedures subject to administrative litigation are characterized by longer tender awarding times and, for public works, longer delays before construction starts. Litigation also leads contracting authorities to adopt less competitive procurement procedures. These effects are largely attributable to less efficient public administrations. Administrative capacity therefore plays a crucial role in limiting the costs associated with litigation, without weakening its function of safeguarding legality and the proper conduct of procurement procedures.

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