The decree-law 21 May 2025, n. 73 – already baptized “Infrastructure decree” – It entered into force on the day of its publication In the Official Gazette, General series n. 116 of the same May 21assuming the nature of intervention omnibus aimed at presidency, in a Square unitary regulations, the continuity of large strategic construction sitesthe estate of the Public contract systemthe efficiency of the railway and road logisticsthe correct management of the maritime state property and port as well as respect for Milestone PNRR and of obligations Eurounitaries.
The urgency that supports this corpus emerges from the first article, dedicated to the stable connection between the two banks of the Strait: the intervention on paragraph 3, letter b-ter) of art. 4 of dl n. 35/2023 – which already dictated urgent provisions for the construction of the bridge – now makes the establishment of the cTechnical consultative oliveregulatingin there function deflativa litigation butat the same time, compressing its economic skills through a parametric reduction of fifty percent compared to ordinary fees, calculated pursuant to art. 1, paragraph 4from theLlegate V.2 to the code of public contracts – Legislative Decree no. 36/2023. The legislative choice, which borrows experiences already tested in the sector of great works, aims to avoid, since the executive phase, the slowdown of the construction process of the “Ponte on the strait “identified as a priority infrastructure at European level.
Much wider is the rewriting of the emergency procedures regarding public procurement made by art. 2, which directly affects the d.lgs. 36/2023 by articulating a double track: on the one hand the “sum urgently” pursuant to art. 140, now Rifusto in an autonomous discipline; on the other the Civil Protection procedures,Disciplined dto the new art. 140-bis. The rule, in essence, reconfigures the sum urgently as a distinct case from the more complex case of the emergency of civil protection, moving the definition of the first in the new paragraph 1-bis of art. 140 but leaving the substantial conditions unchanged: It follows that the situation remains qualified as “supremely urgent” until the dangers for public safety persist, with a horizon storm fifteen days from the event, Prorogabilthe only within the borders established in the’Possible state declaration ex art. 24 of the code of the protation civi – Legislative Decree no. 1/2018. Inside that window storm The contracting authority can proceed with entrustments of works, services and supplies, but the intervention repeals the possibility – introduced exceptionally in 2023 – to exceed the roofs of the direct assignment provided for in paragraph 1 for amounts greater than five hundred thousand euros (in case of works) or triple the EU threshold (For services and supplies). The combined effect of this elimination and the contextual suppression of paragraphs 11 and 12 (now transfused in 140-bis) is to bring the institution of the sum urgently within borders more consistent with the principles of proportionality and competition that permeate the Union law European.
The new art. 140-bis, dedicated exclusively to the emergencies of civil protection pursuant to art. 7, paragraph 1, letters a), b) ec) of the relative code, graft a greater breath discipline, since the legislator confirms the possibility of granting, in the presence of events of particular gravity, direct assignments above threshold for a maximum period of thirty days, provided that this tool is strictly necessary and has been expressly authorized in the commissioner measures adopted pursuant to art. 24, paragraph 2 of Legislative Decree n. 1/2018. The rule, which does not refer verbatim the European threshold limits, has already fueled an interpretative debate: according to a literal orientation, the novel would open to direct custody without community roof; A systematic reading, vice versa, implicitly recalls those limits through the postponement that the same art. 140-bis ago to art. 140 and, more generally, the imperative of not sacrificing the principles Eurounitaries of transparency and competition. It is likely that the application practice settles on this last solution, favoring the use of the procedure Negotiated without a announcement as a main derogation form, in line with the jurisprudence of the Court of Justice.
Always in the same emergency riverbed, the legislator brought back to life, with someone additions, The generalized derogatory clause for the states of emergency of national importance: paragraph 3 of art. 140-bis allows you to differ from a series of articles of the contract code public (Think, among others, in art. 14 on the estimate of the value of the contract, in art. 37 on programming, or in art. 54 on the automatic exclusion of anomalous offers also with less than five participants), however, circumscribing these deviations to the perimeter strictly indispensable to face the crisis and keeping intact the parameters referred to in the directives 2014/24/EU and 2014/25/UE. This is accompanied, in paragraph 4, the confirmation – already known in the previous regime – of the doubling of the thresholds for direct assignments in emergency contingency, provided that within the EU limits, as well as the extension from ten to thirty days of the interval granted to the RUP for the justification report, strengthening the capacity for reaction of the proceeding administrations.
Of great practical importance, then, the further modification Introdottto regarding execution certificates Works (cel) For Summer jobs. The “Corrective decree” to the code of public contracts – d.LGS. n. 209/2024 – he had reserved the useor of these certifications, for the purposes of the SOA qualification, to the subcontractors alone, depriving the main contractor of the faculty, historically recognized, to assert the portion of works carried out on their own. Such dispositionin addition to raising doubts of constitutionality and compatibility Eurounitarianhadn’t been accompanied by transient discipline. Art. 2, paragraph 1, letter f) of “Infrastructure decree” full this gap through the insertion of paragraph 3-bis to art. 225-bis of the codepredicting than to all procedures whose calls were published before 31 December 2024 (or, in the absence, althe procedures negotiations started by invitation within the same date) Continutheno to apply the previous rules, allowing the contractor to compute the Cels of the works subcontracted for the purposes of the overall business figure. From 1 January 2025 the limitation, on the other hand, will expose its effects to operation, while exempting the past from application uncertainties.
On the economic-financial side, Art. 9 conveys a price review mechanism that is placed in derogation from art. 29, paragraph 1, letter b) of the “Decree Supports-ter ” – dl n. 4/2022 29, letter a), could not draw on the different fMinisterial Ondi established by Articles 26 and 27 of dl n. 50/2022. To these contracts the legislator extends the revisional discipline now crystallized in art. 60 of the new Code, provided that the economic framework contemplates provisions for unexpected events between five and ten percent of the value of the works and at least half of it is available, net of the contractual commitments undertaken. In this way, Contracting stations is offered a flexible tool to sterilize the inflationary impact without additional charges on the public budget, but through the reallocation of resources already allocated on the chapter of the intervention.
Concessive matter is not neglected: art. 11 graft, within the competition law 2023 – the. n. 193/2024 –the new paragraph 1-bis of art. 16, allowing until 31 December 2026 the inclusion of extraordinary maintenance interventions in the calls relating to the expired or expiring motorway concessions, even in the absence of the estimate update of the pIa of the investments referred to in art. 13 of the same law. This prediction, aimed at accelerating the remittance of the sections and avoiding continuity solutions in the maintenance of the network, provides that the interventions flow into the pIan at the following first update, creating a dynamic connection between planning and competitive procedure.
The picture is completed by art. 15, who intervenes on the dl n. 16/2020 relating to the organization of the XXV Olympic and Paralympic winter of Milan-Cortina 2026: to the CEO of the sortOciety of purpose he comes attributed opera legislash the qualification of extraordinary commissioner for the realization of the works listed in the new tothe 1-ter, with the effect that the subject cumulating the special powers referred to in paragraphs 2 and 3 of art. 4 of dl n. 32/2019 – “Decree Unlock construction sites “ – With regard to ordinances in derogation, without prejudice to the intangibility of European principles, anti -mafia legislation and the rules on subcontracting. The concentration of powers and responsibilities in a single figure aims to avoid delays in the construction of the systems necessary for the event, replicating a commissioner model already tested on the occasion of other great sporting events.
As a whole, the measures contained in “Infrastructure decree” They draw a balanced compromise between procedural speed and garrison of competitive guarantees, affecting both on the substantial architecture of the contract code and on the extraordinary governance of large infrastructure projects. To the legislator, in the coming weeks, the task of accompanying the conversion into law with any files, especially on compatibility profiles Eurounitarian of the emergency derogations and the new regime of the Cel, while at the contracting stations it is responsible for the burden of declining the short stories, calibrating the operational choices on a regulatory fabric which, despite continuously evolving, maintains the polar star the principles of transparency, equal treatment and good performance of the administrative action.