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Home » Archive » Law Enforcement Against Corruption In Italian Public Procurement, Between Hetero-Imposed Measures And Procedural Solutions

Vinicio Brigante
Law Enforcement Against Corruption In Italian Public Procurement, Between Hetero-Imposed Measures And Procedural Solutions
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This essay aims to analyze the complicated and impenetrable topic of corruption in public procurement into Italian law. Corruption is a multi-faceted phenomenon which has economic, legal and moral consequences. The first obstacle to overcome is to know actual data about corruption, because data based on perceived corruption are not realible; it is necessary to know the details of the problem, to set up an appropriate system of contrast. The so-called hetero-imposed measures, like administrative transparency, are not enough, because the Italian legislative landscape about this issue it is unclear and it was also demonstrated that we have to act on the proces of the administrative decisions. The solutions proposed in this essay concern the graduation of administrative discretion, which oscillates between law and equity. The original system of control did not work and revealed the necessity to combine prevention and repression to guide the choices of the contracting authority during invitation to tender. In this perspective, the legal tool of the collaborative surveillance is extremely appropriate in this debate because it is enhanced the issue of the continuous cooperation between different actors. The appropriate measures to tackle corruption must provide for ethical and moral values, to integrate legal arrangements.

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