L’anticorruzione nella Pubblica Amministrazione, con specifico riferimento alle fasi di controllo nella aggiudicazione degli appalti pubblici

The work begins with the analysis of the principles of the Constitutional Charter which constitute the foundations in terms of anti-corruption legislation in the Public Administration and analyzes the state of implementation in the Italian legal system of the directives on public procurement, a privileged sector of corruption in the PA, without excluding a brief comparison with the other EU states regarding the state of transposition of EU legislation. With Legislative Decree no. 50 of April 18, 2016, Directives 2014/23/EU, 2014/24/EU and 2014/25/EU on the award of concession contracts on public procurement and procurement procedures are implemented of supplying bodies in the water, energy, transport and postal services sectors as well as on the reorganization of the regulations in force on public contracts relating to works, services and supplies. On this occasion, the legislator deemed it appropriate, with a view to increasing the efficiency of the public contracts sector, to strengthen the role of the Authority in charge of the relative supervision, adding to the functions already assigned to it completely innovative powers capable of to have a greater impact, ex ante, on the discipline of the matter as well as, ex post, on the conduct implemented by the contracting authorities and by the economic operators. In the analysis in question there is no lack of jurisprudential grafts, especially on the part of the Council of State, indispensable in resolving interpretative doubts of the regulatory framework. It concludes with some critical remarks on the current regulatory framework, which is updated almost annually, and some desirable reform prospects to improve the efficiency of the award of contracts without damaging the system of rules placed to guarantee legality.