La trappola della fiducia nel codice dei contratti pubblici

Abstract

The Trust Trap in the Italian Public Procurement Code The new regulation of public procurement has introduced in its first part a list of principles that serve the purpose of having criteria for the interpretation of the articles contained in the code itself, but also to cover regulatory gaps and fragmentations in its application. The purpose of the principle of trust is to promote the ability of public administrations and their officials to make choices by encouraging contracting stations to use discretionary and technical evaluation space. The essay, starting from an examination of the concept of trust, analyses the meaning of the rule, highlighting its apodictic character due to systematic inconsistencies and permanent systemic aporias. In particular, it highlights the danger of a sort of «trust trap» whereby fearful forms of legalism or unexpected moral hazard practices may be foreshadowed