Universit� degli studi di Modena e Reggio Emilia

Tuesday 27 May in Modena: A Study Day on Public Procurement and the Implementation Phase of the New Code

The tensions between public authority and contractual constraints, the definition of market access thresholds, the role of case law in exclusion criteria, and the criminal implications in tender procedures: just over two years after the entry into force of the new Public Contracts Code, the actual implementation of Legislative Decree no. 36 of 31 March 2023 raises central issues involving public administrations, economic operators, and legal scholars. The analysis of the corrective decree, issued on 31 December 2024, also opens a new front of reflection on constitutional legitimacy, with reference to the constraints of the enabling law no. 78/2022 and the observations of the Council of State in opinion no. 01463 of 2 December 2024.

On Tuesday 27 May 2025, at the Conference Hall of the Department of Law at Unimore, a full day of study will be dedicated to the theme “Procurement and the New Code in the Implementation Phase”, involving representatives of the judiciary and legal professions, academics, public officials, and the Guardia di Finanza. The conference is divided into two sessions and aims to provide an in-depth analysis of some of the most controversial issues that have emerged during the first two years of application of the new code.

The day will begin at 9:00 a.m. with institutional greetings from the Rector of the University of Modena and Reggio Emilia, Professor Carlo Adolfo Porro, the Prefect of Modena, Dr Fabrizia Triolo, the Public Prosecutor of Modena, Dr Luca Masini, and the Director of the Department of Law, Professor Elio Tavilla. Both sessions will be moderated by the Director General of Unimore, Engineer Luca Chiantore.

The morning will feature contributions from: Federico Pedrini, Professor of Constitutional Law (Unimore), examining the constitutional aspects of the corrective decree; Marcovalerio Pozzato, President of the Regional Audit Section of the Court of Auditors of Emilia-Romagna, with an analysis of case law on professional appointments and service contracts; Lorenzo Canullo, Head Lawyer of the Unimore Legal Office, discussing the impact of the exercise of power on contractual autonomy; Giuseppe Manfredi, Professor of Administrative Law (Catholic University of Piacenza), addressing price revision in public contracting; Massimo Gentile, Administrative Lawyer at the Rome Bar, focusing on contract variations during execution; Maria Barberio, Professor of Labour Law (Unimore), dealing with the adequacy of bids with specific regard to the role of collective agreements; Marina Caporale, Professor of Administrative Law (Unimore), presenting the role of the technical advisory committee in alternative dispute resolution; Elisa Valeriani, Professor of Economic Policy (Unimore), closing the session with a focus on project finance.

In the afternoon, attention will turn to exclusion criteria and market access by foreign economic operators. Andrea Maltoni, Professor of Administrative Law (University of Milan), will explore professional misconduct as a non-automatic ground for exclusion. Francesco Mazza, Commander of the Economic and Financial Police Unit of Modena (Guardia di Finanza), will discuss access to public tenders by non-EU entities. A focus on the criminal implications of unlawful procurement will follow, with contributions from Giuseppe Amara, Deputy Public Prosecutor of Modena, and Luigi Foffani, Professor of Criminal Law (Unimore). The session will conclude with an open debate starting at 4:00 p.m.

The entire day aims to assess the initial applications of the new regulatory framework in light of actual practice and evolving case law, identifying four main axes: the balance between authority and contract; the identification of criteria and methods for the applicable collective agreement in public tenders; the rules for market entry and retention; the criminal implications in procurement procedures and contract execution.

The conference has been accredited by the Bar Association with 6 professional training credits and by the Order of Architects with 6 training credits. It has also been accredited by the Association of Chartered Accountants and Accounting Experts.

For further information and to register, please send an email to: formazione@unimore.it

Categorie: International - english, Notizie_eng