La politica anticorruzione dei contratti pubblici fondata sulla giurisprudenza -nomologia

The object of the research is the corruption of public procurement, the dissertation aims to highlight the policy pursued at European and national level for the substantial effective fight. The question is to what extent existing Community legislation is effective in tackling this phenomenon. The Community directives incorporated into national law, are also characterized by their application under the soft law regime, which differs from the usual means of standardization laws, regulations. Thus, it’s in a fragile balance with the hard law Research has shown that the principle of transparency is an important tool in the fight against corruption, but it is not the only effective measure anti-corruption. Thus, in order to address the vulnerability of the public procurement system, the legislator decides and supports independent authorities but also through the obligation for the Member States to establish an anti-corruption authority that has the transparency of award of contract public, where Italy was the first country in 2014 to proceed in the creation of ANAC, but at the same time adopts the extension of transparency policies, integrity, a cooperation, accessibility administrative, accountability, strengthening the transparency control mechanisms and especially the Court of Auditors to carry out the control of legality and the external control for the control of suspicion cases in corruption. Finally, through the directives, it has imposed significant adaptations to the system of judicial protection in the field of public procurement, the need to establish efficiency and speed in the public procurement process and urges Member States to integrate a flexible procedure by strengthening supreme transparency control mechanisms (tribunals), also the judicial dialogue between national and European judicial trough of referral to the European court.