News
Guidelines for the assignment of legal services: The Council of State opinion
- 04/09/2018
The Special Commission of the Council of State, on August 3rd, 2018, has given its own opinion about the Guidelines for the assignment of legal services, close to the publication by the ANAC.
The Anti-Corruption Authority, in the first draft of the Guidelines, had highlighted how the assignment of legal services by the Public Administration, had to be subjected to a series of rules and principles that, in substance, would have given rise to a procurement procedure.
The Council of State emphasizes that, with no prejudice to the applicability of the principles of efficiency, effectiveness and inexpensiveness, to which the Public Administration activity should be inspired, the selection criteria for the assignment of legal appointments, shouldn’t be based on an economic comparison, but on a skill evaluation. Consequently, a comparison between economic offers could be configured just in the case of substantial equivalence between different professional profiles.
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