Riflessioni sul problema delle sopravvenienze nel contratto di appalto pubblico in corso di esecuzione durante l’emergenza sanitaria da covid-19

Abstract

[Reflections on the problem of the overeveniences in the contract being executed during the covid-19 health emergency] According to the main regulatory provisions of supranational and national legislation on public procurement and by virtue of the principles laid down by the case law on events occurring during the execution of the contract for the award of services and supplies (even of modest economic value), there seems to be no doubt about the possibility of extending these events in the context of the current health emergency from Covid-19. This circumstance would legitimize the Public Administration to enter into the necessary negotiations with the contractor in order to agree on the modification of certain contractual clauses that cannot be implemented under normal conditions due to the health emergency.