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The sanctioning power of the Anac

  • 25/08/2020

The T.A.R. Lazio, Section I., with decision no. 7961/2020, clarified that the production or use, by an economic operator participating in a public procedure, of false information and false documents are behaviors that can be sanctioned in a parallel and autonomous manner by both the contracting authority, which is responsible for deciding whether or not to expel the participant from the tender, and the ANAC, which, on the other hand, is responsible for assessing the application of the sanctions envisaged by the Code of public contracts. It is therefore admissible that a false declaration or a false document does not justify, for the contracting authority, the exclusion of the operator from the tender, but may still lead to the imposition of a sanction by the Authority.

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