The landscape of public procurement in Italy is undergoing a full-scale transformation with the implementation of the new Public Contracts Code (D.Lgs. 36/2023) and the 2024-2025 corrective decree.
98% of awards without open tender
The figures are striking: 61,731 procedures (98.27% of the total), worth EUR 18.9 billion, involve works below EUR 5 million. In this range, the new code mandates direct award (up to EUR 150,000) or negotiated procedure without prior publication.
A figure that has fuelled a broad debate on whether competition in the public-works market is effectively safeguarded.
Mandatory digitisation
Contracting authorities must ensure the full-lifecycle digitisation of contracts, guaranteeing transparency and personal-data protection. The new code also governs the use of automated procedures for managing tenders and evaluating bids, paving the way for the use of artificial intelligence in public procurement.
The Technical Advisory Board
The CCT (Collegio Consultivo Tecnico) becomes mandatory in cases of reservation entries, proposed variations and any other disputes during the performance of contracts equal to or exceeding the European threshold. It is a body composed of independent experts, designed to reduce dispute-resolution times and delays in completing works.
Recent case law
The Council of State has issued significant rulings:
- Judgment 1965/2026: the invalidity of a procedure cannot be based solely on the abstract possibility that files might circulate outside the digital platform
- Judgment 917/2026: contracting authorities may impose admission conditions also in concessions
Sources: Il Sole 24 Ore - NT+ Diritto, Altalex
