The development of new technologies in the automation of the public contract. Some reflections on legislative decree no. 36/2023

Abstract

The aim of this paper is to trace the numerous European and national initiatives to frame a range of transformations designed to promote and implement the inclusion of artificial intelligence and Blockchain technology in public procurement procedures in accordance with Article 30 of Legislative Decree no. 36/2023. The legislative and jurisprudential excursus reveals an overall disinterest in the multiformity and complexity involved the implementation of artificial intelligence and distributed ledger technologies in the 'life cycle' of public contracts. In contrast, the reform process inaugurated by Legislative Decree No. 36/2023 produces positive effects, on the individual procedure, in terms of knowledge and functionality, but also in terms of fighting maladministration that can be tackled precisely through the widespread control of the individual steps of the public evidence procedure and the executive phase of a public contract.