News
Public tender: the “Responsabile Unico del Procedimento” (i.e. R.U.P.) can be a member of the selection board
- 17/12/2018
The Council of State, Section III, in the Sentence no. 6082 of October 26th 2018 established that there is not automatic incompatibility between the functions of the R.U.P. and those of a member of the selection board.
The ruling intervenes on a controversial matter stating that the R.U.P. can be part of the selection board of the tender, unless there is a concrete demonstration of the incompatibility between the two functions.
In particular, the Court noted that it cannot be identified an automatic incompatibility between the functions of the R.U.P. and those of member of the selection board, unless it is demonstrated in practice that the two roles are incompatible. This incompatibility must come from unequivocal circumstances of interference.
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