La certificazione ex art. 75 ss. del d.lgs. n. 276/2003 come strumento di qualificazione dell’impresa. L’esperienza della Commissione istituita presso la Fondazione Marco Biagi

Abstract

After having reconstructed the theoretical framework for the concept of “qualification systems” by analysis of European and national legislation, the study assesses the meaning and the peculiar characteristics of both the systems laid down in art. 27 of Legislative Decree no. 81/2008 and the system introduced by Decree no. 177/2011, pointing out the fundamental differences between them as well as the many contradictions and gaps left, more generally, in the legal construction of the institute. Parallel to a shift towards proper regulation of economic activities for the purpose of protecting health and safety at work, the study identifies, in the development of the relevant legislation, a pathway to the affirmation of the certification of work-related contracts pursuant to art. 75 ff. of Legislative Decree no. 276/2003 as a “qualification” instrument for economic operators, endowed with a stronger role compared to the instrument of the Organization and Management Models pursuant to Law no. 231/2001. The certification, examined in the context of art. 27 L.D. no. 81/2008 and D. no. 177/2011 also in the light of the experience gained by the Commission established within the Marco Biagi Foundation, finally emerges as a specific and distinctive qualification requirement in the field of health and safety, differently from public procurement legislation.