Minimum Environmental Criteria and Cultural Exception in Public Procurement for Culture

Abstract

The article analyses the evolution of public contracts for cultural sector in the Italian legal system, especially focusing on pursuing sustainability. This goal can be achieved through the implementation of specific Minimum Environmental Criteria (MEC). As defined at the European level, these criteria must consider environmental, social, and cultural protection aspects, requiring contracting authorities to act as “strategic clients”. The contribution proposes a new perspective of the cultural exception in Italy and Europe as not only a derogation from competition, but also as the basis for protecting creativity and uniqueness in the cultural sphere. This would promote opening the market to new economic operators who are qualified to innovate and be sustainable in the sector.