Barbara Verzicco – Le ordinanze degli appalti pubblici al tempo del Covid-19

DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), I/2020, p. 61 – 79

Abstract. Public procurement ordinances at the time of the Covid-19. The crisis caused by the global health emergency of the Covid-19 has inevitably affected the public procurement sector as well. In this context, where, even before the emergency, the need for simplification and streamlining of the regulatory framework had been put forward, ordinances based on necessity and urgency are a valid source of law capable of innovating quickly. On the one hand, they were launched to give a fast response to the emerging situation, on the other hand, they were proposed by the legislator, in
Simplification Decree (Law Decree No. 72/2020), as a tool for the revival of major works. This paper, a review of the regulatory provisions for public procurement introduced during the early stages of the emergency, reflects on the “potere di ordinanza” (power of ordinance, only allowed in extraordinary situations) capable of achieving results unreachable using standard legislation in an ordinary context and also capable of contributing to the structural reform of the system.