by MR
He had suffered an initial knockout before the TAR, now the Council of State rejects the appeal of the Prefecture of Terni against that sentence. In particular, the Regional Administrative Court had annulled the provision with which the territorial office of the Interior had excluded L’Aurora from a tender for the management of a 500-seat migrant reception centre. The Council of State merely confirms the decision taken at the time.
Prefecture-cooperative From Government Palace the reason for the exclusion was: serious professional misconduct by the cooperative in question, in particular a contractual termination, disqualification measures and ongoing investigations against some members, various contractual penalties for a similar contract and exclusion from two further tenders of the same gender; hence, according to the contracting authority, the loss of professional integrity and reliability on the part of the aforementioned cooperative. However, both the TAR and the Council of State agreed with the economic operator to the extent in which it claims not to have been put in the conditions to provide demonstration of the measures self-cleaning in the meantime adopted.
Migrant management In general, in fact, contracting authorities can proceed with the exclusion of a competitor only after they demonstrate, with adequate means, that the economic operator has been guilty of serious professional misconduct, such as to render his integrity or reliability doubtful, prohibiting any automatic exclusion from tender procedures; the competitor who finds himself in one of the exclusion cases must be able to provide proof of having adopted all the disputed measures, demonstrating his reliability in order not to be excluded from the tender (principle of proportionality).
