L’National Anti-Corruption Authority (ANAC) recently made a direct appeal to the Control Room, as well as to the Ministers of Economy and Infrastructure, highlighting the urgent need for regulatory or interpretative interventions that guarantee theconsistent and fair application of the rules on fair compensation.
This solicitation reflects the growing concern for regulatory clarity in a crucial sector for the public administration and the economic-professional fabric of the country.
Here are ANAC’s observations regarding fair compensation, collected in a note published on 23 April 2024.
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Intervention necessary
According to the anti-corruption agency, the issue of fair compensation not only has a significant social and economic impact, but also requires a timely solution.
ANAC underlined the importance of a legislative clarification which avoids divergent interpretations and ensures uniformity of treatment throughout the national territory.
In the absence of clear indications, ANAC declared to proceed according to the regulatory options deemed most appropriateemphasizing the responsibility of the institutions to intervene without delay.
Special requirements for races
Meanwhile, Anac also highlighted a regulatory void concerning i special requirements for participation in tenders.
The Authority encouraged contracting authorities to adopt non-discriminatory measures and to encourage the maximum possible participation. This is essential to ensure that micro, small and medium-sized enterprises have the opportunity to grow and compete in a fair market.
ANAC deems it appropriate to refer, when identifying the participation requirements, to the indications provided in the Guidelines no. 1 et al dictated by the code.
Coordination between regulations
A crucial point raised by ANAC concerns the need to to coordinate there law no. 49/2023 with the public contracts code.
This harmonization it is essential to prevent regulatory conflicts and to ensure that provisions are interpreted in a way that reflects both national needs and European Union principles.
Furthermore, ANAC underlined the need to interpret the rules in such a way as to do not compromise competitionin line with recent rulings of the Court of Justice of the European Union.
Implications on pricing policies and public spending
L’article 13 from the Law no. 49/2023 establishes that the implementation of the same it must not entail new or greater burdens on public finances. This principle is fundamental to maintain the financial integrity of investmentsespecially those linked to the National Recovery and Resilience Plan (PNRR).
ANAC underlines the importance of accurate assessments of offers to avoid negative impacts on public spending and project implementation times.
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