German and Italian “review bodies” on public procurement between EU law and national systems: the Vergabekammer and the pre-litigation advice of ANAC In the field of public procurement EU law has deeply regulated not only the awarding procedures of public contracts of works, supplies or services (and since 2014 of concession contracts) but also the related review mechanisms. EU directives allow member states to decide upon the identification of the “bodies responsible for review procedures” (breviter “review bodies”) in charge of determining a possible breach of public procurement directives and whether such review bodies should or should not be judicial in character. The essay focuses on the comparison between the implementation given to those rules by the German law, especially regarding the Vergabekammern (“Public procurement tribunals”), which are non-judicial review bodies in charge of first instance decisions, and by Italian law, where the new pre-litigation advice of ANAC (i.e. Italian Anti-Corruption Authority) has been introduced since 2016, in addition to the traditional judicial remedies, as an optional and ancillary non-judicial remedy.

APERIO BELLA, F., & Cristina, F. (2017). Gli “organi di ricorso” sull’affidamento di contratti pubblici tra diritto UE e pratiche nazionali: la Vergabekammer e il parere precontenzioso ANAC. DIRITTO E SOCIETÀ(2/2017), 263-320.

Gli “organi di ricorso” sull’affidamento di contratti pubblici tra diritto UE e pratiche nazionali: la Vergabekammer e il parere precontenzioso ANAC

Flaminia Aperio Bella
;
2017

Abstract

German and Italian “review bodies” on public procurement between EU law and national systems: the Vergabekammer and the pre-litigation advice of ANAC In the field of public procurement EU law has deeply regulated not only the awarding procedures of public contracts of works, supplies or services (and since 2014 of concession contracts) but also the related review mechanisms. EU directives allow member states to decide upon the identification of the “bodies responsible for review procedures” (breviter “review bodies”) in charge of determining a possible breach of public procurement directives and whether such review bodies should or should not be judicial in character. The essay focuses on the comparison between the implementation given to those rules by the German law, especially regarding the Vergabekammern (“Public procurement tribunals”), which are non-judicial review bodies in charge of first instance decisions, and by Italian law, where the new pre-litigation advice of ANAC (i.e. Italian Anti-Corruption Authority) has been introduced since 2016, in addition to the traditional judicial remedies, as an optional and ancillary non-judicial remedy.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11590/325903
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