News
Public procurement: the lack of publicity of the tender sessions makes the procedure illegitimate
- 15/10/2018
The Council of State, sect. III, with sentence no. 1542 of 24 September 2018, stated that the non-publicity of the tender sessions does not constitute a mere formal lack, but a substantial violation, which invalidates the procedure, without the need for proof of an actual manipulation of the documentation produced.
The obligation to open technical offers in public session derives from the principle of transparency, expressly referred to Article 30 of Legislative Decree No. 50/2016, according to which “in the awarding of contracts and concessions, the contracting authorities respect, also, the principles of free competition, non-discrimination, transparency, proportionality, as well as advertising with the methods indicated in this code”.
NEWS
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