Competition demystification and the result principle in public contract regulation

Abstract

In Legislative Decree 36/20023 the result does not consist of a unique primary interest satisfaction. Rather, it has to be balanced with other codified and non-codified principles ​​representing neutral values ​​of the subject and in cases in which behavioral duty and result duty coexist.

On this premise, the investigation focuses on the impact of the result in the balance between solidarity and competition in the service award procedures devoted to “activities with strong social value” where the “result” is expressed not only in a “competitive” key, but also in a “solidaristic” one. Thus, the Administration is made responsible for choosing the “equiordinate” tools to be used to achieve the results and on the Third Sector bodies being charged with specific structural, training, and competence obligations and liabilities for violation of the principle of good organisation. The scrutiny on this principle is subject to verification in the ambit of a legitimacy review extended to opportunity and adequacy of the choice.