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The “Responsabile unico del procedimento” can hold the office of President of the jury

  • 19/03/2018

A participant in a public procurement procedure complained about the fact that the President of the jury, who was the legal representative of the contracting authority, also held the office of “Responsabile unico del procedimento”.

With Judgment no. 443 of 15th February 2018, the TAR Lombardia has observed that there are no provisions stating that the legal representative of the contracting authority is prohibited from being the “Responsabile unico del procedimento”.

Furthermore, even after the entry into force of article 77 of the Public Procurement Code, the “Responsabile unico del procedimento” can be appointed as President of the jury, without any violation of the rules on impartiality.

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