DURATION
2 days
DATE
15-16 December 2025
TIME TABLE
9.00 – 14.30
PARTICIPATION FEE
€660.00 + VAT (the fee is exempt from VAT if paid by public bodies)
SPEAKER
Attorney Maria Francesca MATTEI
Head of Legal and Litigation – Manager in force at Stretto di Messina S.p.A.
Counsel Giovanni GIARDINO
Magistrate T.A.R. Abruzzo – Pescara
INTRODUCTION
In the Public Contracts Code, the approach to litigation represents one of the most relevant keys to intervention in terms of the overall strategy pursued. In fact, the reduction of the occasions generating the need to resort to the judge, be it administrative or civil, is pursued in various ways: from the investigative assistance rendered, finally, completely free of charge, to the preclusion of the appeal on the successful tenderer for issues relating to its qualification up to the confirmation of alternative instruments, such as the transaction, arbitration and amicable agreement and the contribution of the ANAC pre-litigation opinions. In the transitional framework introduced by Legislative Decree no. 76/2020 and confirmed by Legislative Decree no. 77/2021, there is also room again for the Technical Advisory Board, an institution that had been inserted by the new Contracts Code, abolished by the Corrective Decree and then reintroduced on an optional basis only by the so-called Sbloccacantieri Legislative Decree, reconfirmed in the code and revised again by the Corrective Decree recently adopted
PROGRAMME
Litigation in the execution phase. Prerequisites for the judicial application; reserves in public procurement. Alternative instruments to the recourse to the ordinary judge. The transaction: prerequisites and rules. The amicable agreement; usability also for supplies and services. Assessment of the validity and admissibility of the requests; powers and responsibilities of the RUP; composition of the expert commission and designation of the president; the changes introduced by the corrective. The institution of the Technical Advisory Board: functions, scope of operation and relationship with other alternative dispute resolution instruments, also in light of the changes introduced by Legislative Decree no. 77/2021; the guidelines of the 21st Superior Council of Public Works; articles 215 – 219 of the Code and Annex V. ” of the Code the Internal Regulations, established practices; the difficult relationship between the Technical Advisory Board and the various remedies for pre-litigation dispute resolution. Arbitration and the applicability of the related rules also to relationships born before the code. The principle according to which arbitration is permitted if provided for in the tender notice; the prohibition of compromise; arbitrators’ fees; new incompatibilities for the appointment as arbitrator; filing of the award with the arbitration chamber; differences compared to the regime provided for by the c.p.c.; new regime for appealing the award. Ordinary proceedings: terms; preparation of defense documents; means of proof.
ISSUANCE OF ATTENDANCE AND PROFIT CERTIFICATE
CEIDA, an organization accredited by the Lazio Region as a provider of activities for Higher and Continuous Education, (accreditation obtained with Determination of the Director of the Regional Dir. “Training, Research and Innovation, School and University, right to study” no. G16019 of 23/12/2016, published in the B.U.R.L. no. 2 of 5/1/17), certifies, for each participant, the characteristics of the training course and how much of it has actually been attended, by issuing certificates of attendance subject to passing a final test carried out using a multiple-choice questionnaire.
Invia
Course Features
- Lecture 0
- Quiz 0
- Duration 2 days
- Skill level All levels
- Language italian
- Students 6
- Assessments Yes
