The lawyer Spinelli has written articles and notes on public procurement and community legislation, for Sole 24 Ore, “Construction and Territory”, “Safety and the Environment” “The Real Estate Consultant” Law and Administrative Practice “” the Lawyer “.
In 2005 and 2013, for CEDAM, he wrote several items in the Commented Code of public contracts coordinated and directed by Prof. L. Perfetti of the University of Milan.
Subcontracting – New Code of Public Contracts
In the field of public contracts, in terms of subcontracting, complex and not always coordinated rules – also for the different purposes that inspire them – make the regulatory framework of controversial practical application and uncertain theoretical arrangement. The new Code of Public Contracts (Legislative Decree 50/2016) and the subsequent Corrective Decree (Legislative Decree 56/2017), contrary to what was hoped for, have introduced many innovations and new critical points that have had the effect, in this first phase of application, to make the regulatory context even more complex than the one contained in the Legislative Decree 163/2006: from the modification of the 30% quota referred no longer to the prevailing category but to the total amount of the contract, to the obligation to indicate a of subcontractors, to the controversial regulatory provision concerning the direct payment of subcontractors. The text, drafted with an operative cut, without neglecting the main theoretical profiles, was designed to provide some keys to the interpretation of the renewed discipline highlighting its most problematic profiles and, for greater clarity and a more immediate orientation in reading, it is It was structured in two parts: the first one examines the subcontract during the tender phase, the second one the subcontract during the execution phase. The volume concludes with the models for requesting authorization for subcontracting and declaration of possession of the requirements of the subcontractor and some questions, with the related explanatory answers, which allow to compare.
The telematic procedures in public tenders
The public procurement sector is constantly evolving. The last frontier is represented by the Consip Conventions system, the Marketplace and E-procurement (electronic public procurement), a term used to indicate, in the common language, the use of IT and telematic tools in the management of public procurement. The volume, updated with the 2004 Budget Law and with the new EU directives, intends to analyze this evolution by including it in the overall regulation of public procurement of goods and services, with particular reference to the award procedures and the telematic purchasing procedures, as well as the procedures for the awarding, the offer and the performance of the tender.
Guide Practice public contracts for works, services and supplies
The volume is a useful tool to all those who work in the field of public contracts and which analyzes all the key issues of procurement, providing a basic text for the organic knowledge of the subjects innovated by the legislator and the most recent jurisprudence. The use of summary diagrams, the presence of flowcharts, tables and in-depth panels make the use of the guide easier and simpler. Moreover, the internal reference system, through the particular numbering of the arguments also referred to by the analytical index, is external, with links to the Formulations and to the Procurement Code database, allows a quick search and allows to find with ease all information on the institutes gradually cited, with regard to the regulatory framework, the jurisprudential guidelines and more than 250 formulas and models for the correct preparation of the documents.
The new code of public contracts
Legislative Decree 12 April 2006 reorganises the current legislation and also contains specific news on the entire discipline concerning the awarding and execution of public tenders in both ordinary and special sectors. The volume focuses in particular on the innovations introduced, with reference to completely innovative institutes, but also to the modifying discipline of already known institutes.
The director of the work
The Director of Works is a central figure in the execution of the contract: in fact, he is assigned a whole series of technical, accounting and control tasks. For this reason it must be a particularly qualified technician, with adequate knowledge that, to be truly effective support, need to be constantly updated. All the more so if we take into account that the legislation on public contracts, even though largely codified in the recent Code of Public Contracts, is actually a regulation that is still in progress, not only because it has not yet been sedimented, but also considering that the whole secondary discipline is present in the new implementing regulation. To meet this updating requirement, Il Sole 24 Ore proposes the new edition of the Practical Guide II. The Director of the works, which, with effective synthesis and operational cut, analyzes all the fundamental tasks of the Director of Works, providing a basic text for the organic knowledge of the innovations introduced by the legislator and the most recent jurisprudence. The use of summary diagrams, in-depth tables and templates make it easier and easier to use the Guide. In its structure and articulation, the volume is intended to be a true “toolbox” of the Director of Works, where he will find useful aids for the accomplishment of his delicate task.
Public contracts of special sectors
The volume is proposed, to operators in the sector, as a comprehensive practical guide to the updated regulatory framework on the contracts awarded in the special sectors. The book identifies the specific features of the contracting entities – which have legal status now as a public entity now a private subject with special and exclusive rights – and activities that fall within these areas (provision of services of public utility) and highlights the particular discipline of these sectors, in particular as regards the qualification of entrepreneurs and the awarding procedures. The analysis of the regulatory framework is then completed by numerous references to the most significant rulings by the Court of Justice and national judges, as well as by references to the most widespread operating practice, and this in order to allow the reader to have not only a precise picture of the regulatory context in which it operates, but also the major applicative and interpretative problems and possible solutions to these problems.
Public Works: the new mode of realization
The book analysis the contractual issues (with the tasks and related risks of the operators, both public and private) of project financing, real estate leasing, the sale of real estate assets and sponsorship, suggesting the minimum precautions and guidelines to use.
In short, the book carries out a detailed analysis of the new rules for the management and implementation of public works in the light of the Code of Public Contracts (Legislative Decree 12 April 2006, No. 163), which for the first time contains in a single text the entire regulations concerning the assignment and execution of public procurements in both ordinary and special sectors, and also the provisions of the 2007 Finance Act.