Principi e regole dei contratti pubblici aggiudicati in base al diritto internazionale

The purpose of this thesis is to analyze the fundamental principles and rules of public contracts awarded on the basis of international law, starting, in a diametrically opposed manner, from the national law. As is well known, Article 16 of the Legislative Decree 50/2016 provides that contracts awarded or organized on the basis of international rules (such as, for example, rules deriving from an international treaty or established by an international organization), together with contracts financed wholly or for the most part by international organizations, are excluded from the scope of application of the Italian national rules, leaning towards the application of the rules deriving from the international law. This article, which represents the point of connection between national and international law on public procurement, is also the starting point of the research. If these international public contracts are awarded on the basis of the rules of international law and, therefore, they are not subject to the rules and principles of the procurement code, which rules and principles do they obey? Is there divergence or convergence between national and international rules and principles? In order to answer this question, it was first necessary to reconstruct the evolution of the principles of public procurement in the Italian legal system, starting from the accounting principle, to which the principles of anti-corruption and competition were later added. The second part of the research is focused on the analysis of the main international sources of public procurement regulations. The UNCITRAL model law on public procurement: an international treaty which is not compulsory to the signatory States but serves as a guide/suggestion to national legislators in order to modernize and update their own system. The GPA, an international agreement concluded within an international organization such as the WTO, which is binding on the signatory parties if the value of the public contract exceeds a certain threshold. And finally, the rules of the World Bank, i.e. the rules of an international financial organization which are compulsorily applied to all contracts financed in whole or in part by the WB. The third and last part of the research is dedicated to the comparison of the principles that have emerged in the national and international systems. From this comparison, it is possible to identify a substantial coincidence of principles that, although declined in different forms depending on the source of reference, can still be traced back to the classic reasons of public evidence, namely accounting, competition and anti-corruption.