La promozione della sostenibilità, dell’equità sociale e dell’inclusione negli appalti pubblici

The Public Procurement Sector is a strategic lever for the Economic System of every Country and, particularly in Italy, plays a very important role in the recovery of investment and the revival of the Economy, especially after the global Emergency caused by Covid-19. In this context, Italy and Europe have launched financial instruments and promoted legislative measures to make economies and societies more sustainable, resilient, and prepared for the challenges and opportunities of the Ecological and Digital Transition. Pursuant to Article 47 of Decree Law No. 77/2021 (with very recent innovations introduced by Article 12, paragraph 8, Decree Law No. 19/2024) and related and subsequent Legislation, Contracting Authorities shall include in their tender procedures, as necessary requirements and as additional award criteria, criteria aimed at promoting youth entrepreneurship, gender equality, the recruitment of young people and women (primary Public Policy Objectives), as well as the inclusion of people with disabilities in the workplace (a cross-cutting objective). However, recent interventions concern newly introduced regulations that have not yet been properly applied in the various sectors, the effects of which will only be visible in a few years' time, always in compliance with the EU principles governing tenders. Within the scope of this research, it is therefore considered useful to systematically reconstruct the problematic issues and critical points related to the applicability of Social Clauses in Italy in a complex sector such as Public Procurement and, in this case, Public Works Contracts, also highlighting how, through the latter, certain Public Policy Objectives can also be pursued across the board, in addition to the primary objective, which is to carry out good tenders in accordance with current legislation. In order to gain a comprehensive overview of the national and supranational Framework, we will study the legislation of other countries (the Netherlands) in the same sector from a comparative perspective and analyze concrete data provided by national Companies (Aniem Pescara-Chieti), where I carried out my Academic Mobility, as required by the Doctoral Regulations and the provisions of the PNRR.