Appalti, digitalizzazione, economia: spunti alla luce del nuovo codice dei contratti pubblici

Abstract

Despite being of fundamental importance, Italy has historically had a low level of digitalization compared to other European countries. The adoption of the Digital Administration Code was intended to kickstart the digital revolution in the public sector but was hindered by limited investments in innovation. The slow and partial digitalization of Public Administrations has caused Italy to lag behind other European countries. However, due to the COVID-19 pandemic and the recent approval of the National Recovery and Resilience Plan (PNRR), there has been a renewed focus on digitalization and the strengthening of digital infrastructure and investments have been redirected towards digital transformation, aiming to achieve an evolved and digitized administration. The PNRR allocates a substantial amount of its funding to digital transition, and this has led to an increase in public procurement procedures and their economic value. The new Public Procurement Code reflects the shift towards digitalization, with provisions for digital procedures and interoperability of data among public administrations. The new Code emphasizes principles such as technological neutrality, transparency, personal data protection, and cybersecurity in digital procurement. One notable principle is the "once only" principle, which aims to streamline public procurement procedures by ensuring that data is provided only once to a single information system. The National Database of Public Contracts, maintained by the National Anti-Corruption Authority (ANAC), plays a crucial role in achieving interoperability and quality of data. The Code also enables the use of data from the Database for monitoring the effective utilization of resources and procedural progress in public investment procedures and the use of artificial intelligence to automate procedures. However, the current state of the digital procurement ecosystem and its potential as a digital breakthrough remain uncertain.