What Is the Main Law Governing Public Procurement in Italy?

Last updated: August 10, 2026

The main law governing public procurement in Italy is Legislative Decree No. 36 of 31 March 2023, the Codice dei Contratti Pubblici (Public Contracts Code), which replaced the former Legislative Decree 50/2016 and transposed EU Directives 2014/24/EU, 2014/25/EU and 2014/23/EU into Italian law. Since its entry into force on 1 July 2023, the Code has been amended by successive corrective instruments, including Legislative Decree 209/2024, which refined qualification rules, digital-platform obligations and exclusion-ground procedures. This guide explains the statutory framework, the 2026 threshold adjustments, ANAC supervisory mechanisms, and the step-by-step remedies available through TAR administrative appeals, giving contracting authorities, suppliers and in-house counsel a single, actionable reference for compliance and dispute resolution under the public contracts code in Italy.

Quick Answer, The Main Law Governing Public Procurement in Italy

The single authoritative instrument is Legislative Decree No. 36/2023, commonly referred to as the Public Contracts Code (Codice dei Contratti Pubblici). Published in the Gazzetta Ufficiale on 31 March 2023 and fully effective from 1 July 2023, this statute consolidates the rules for awarding and managing public contracts across Italy.

• Full name: Decreto Legislativo 31 marzo 2023, n. 36, Codice dei contratti pubblici in attuazione dell’articolo 1 della legge 21 giugno 2022, n. 78.
• EU transposition: Implements Directives 2014/24/EU (public sector), 2014/25/EU (utilities) and 2014/23/EU (concessions).
• Regulatory oversight: ANAC (Autorità Nazionale Anticorruzione) supervises compliance, manages the national database of economic operators, and issues binding guidance.
• Judicial remedies: The TAR (Tribunale Amministrativo Regionale) hears procurement disputes, with appeals to the Consiglio di Stato.
• Key amendments: Legislative Decree 209/2024 (the first major decreto correttivo) introduced targeted modifications to qualification, exclusion and digital-lifecycle provisions.

What Is the Public Contracts Code (Legislative Decree 36/2023)?

Legislative Decree 36/2023 is the comprehensive statutory framework that regulates the entire lifecycle of public contracts in Italy, from planning and procurement design through tender publication, bid evaluation, award, execution and dispute resolution. The Code, published as consolidated legislation on the Normattiva portal, replaced the prior regime under Legislative Decree 50/2016 and was designed to simplify procedures, strengthen transparency and align Italian procurement law fully with the latest EU directives.

The Code applies to all contracting authorities defined under EU law, including state ministries, regional and local governments, public bodies, and entities operating in the utilities sectors (water, energy, transport and postal services). It covers three core contract categories, public works, supply contracts and service contracts, plus concessions for both works and services.

Key Features of the Code

• Digital lifecycle management: The Code mandates a fully digital procurement cycle. All phases, from needs assessment and tender documentation through bid submission and contract management, must be conducted via certified electronic platforms. This digitalisation objective, set out in Articles 19–36, represents one of the most significant structural changes from the prior regime.
• Procurement categories and procedures: The Code distinguishes between open procedures, restricted procedures, competitive dialogue, innovation partnerships and negotiated procedures (with and without prior publication). Below-threshold contracts benefit from simplified procedures under Articles 50–55, while above-threshold contracts must follow full EU-compliant procedures.
• Concessions regime: Book III of the Code (Articles 176–202) establishes a dedicated regime for works and service concessions, including risk-transfer requirements and duration limits aligned with Directive 2014/23/EU.
• Principles-based approach: Article 1 enshrines core principles, including the principio del risultato (result principle), principio della fiducia (trust principle) and access to the market, which guide interpretation of every procedural rule in the Code.

Corrective Decrees and Amendments (2024–2026)

The Public Contracts Code has been subject to ongoing refinement through corrective decrees authorised by the enabling law (Law 78/2022). The most substantial is Legislative Decree 209/2024 (decreto correttivo), published in the Gazzetta Ufficiale in late 2024, which addressed practical difficulties identified during the Code’s first eighteen months of application.

Key changes introduced by the corrective decree include adjustments to qualification system requirements administered by ANAC, clarifications on the scope and application of exclusion grounds under Article 80, refinements to subcontracting rules, and transitional arrangements for the mandatory digital-platform migration. Subsequent implementing measures issued in 2025 and early 2026 have further operationalised these corrections, particularly around supplier registration and the unique digital identifier system.

Who and What Is Covered? Definition and Scope of Public Procurement

Under the Public Contracts Code, public procurement means the acquisition by contracting authorities of works, supplies or services from economic operators through a procedure that ensures competition, transparency, equal treatment and non-discrimination. The definition mirrors that of EU Directive 2014/24/EU and captures both traditional procurement (purchase contracts) and concessions (where the operator assumes operating risk).

The Code applies to all contracting authorities, a term that encompasses state bodies, territorial authorities (regions, provinces, municipalities), bodies governed by public law, and associations formed by one or more of these entities. For utilities-sector procurement, specific rules apply to entities operating networks in water, energy, transport and postal services.

Three core contract types are regulated:

• Public works contracts: Covering construction, reconstruction, demolition, repair, renovation and maintenance of buildings and infrastructure.
• Supply contracts: Covering purchase, lease, rental or hire-purchase of products.
• Service contracts: Covering all services not classifiable as works or supplies, including professional, technical and support services.

Exclusions and Special Regimes

Certain categories fall outside the Code’s general rules or are subject to lighter-touch regimes. These include defence and security contracts (governed by separate provisions implementing Directive 2009/81/EC), in-house arrangements meeting the conditions of Article 7, and contracts below the minimum direct-award thresholds. The utilities regime under Book II, Part II of the Code mirrors the structure of Directive 2014/25/EU, with higher thresholds and greater procedural flexibility.

Public Procurement Thresholds 2026 and Operational Changes

Understanding which threshold applies determines whether a procurement falls under full EU-regulated procedures or simplified national rules, a distinction with major practical consequences for advertising obligations, minimum timescales, remedies and ANAC reporting. The EU Commission periodically revises these financial thresholds, and the 2026 adjustment cycle brought updated values that now apply to tenders published from 1 January 2026.

Mandatory Digital Platform Registration

From 1 April 2026, all tenderers must register on ANAC’s central digital platform and obtain a unique supplier identifier before participating in any procurement procedure governed by the Code. This identifier links the operator’s qualification data, past-performance records and compliance certificates in a single digital profile accessible to all contracting authorities. The requirement applies to both Italian and foreign economic operators and is a prerequisite for bid submission on any certified electronic platform.

Do EU Procurement Rules Still Apply?

Yes. Italy’s Public Contracts Code is the domestic implementation of the 2014 EU procurement directives. For above-threshold contracts, the EU rules, including advertising in the Official Journal of the European Union, minimum time-limits for receipt of tenders, and the EU remedies framework under Directives 89/665/EEC and 92/13/EEC, apply in full. The 2026 threshold values are set by the European Commission through Delegated Regulations and automatically incorporated into Italian law. Below-threshold procedures follow national rules that must still respect the Treaty principles of transparency, equal treatment and non-discrimination.

Qualification, Exclusion and Art. 80, What Suppliers Must Watch

Article 80 of the Public Contracts Code sets out the grounds on which an economic operator must or may be excluded from a procurement procedure. These exclusion grounds are among the most litigated provisions in Italian procurement law, and understanding them is essential for any supplier seeking to bid on public contracts in Italy.

Mandatory exclusion grounds include:

• Criminal convictions (final judgments) for specific offences, including participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering and child-labour exploitation.
• Non-payment of taxes or social-security contributions, where established by a final judicial or administrative decision.
• Serious professional misconduct that renders the operator’s integrity questionable.

Discretionary exclusion grounds give contracting authorities the power, but not the obligation, to exclude operators for reasons such as poor prior performance, conflicts of interest, significant misrepresentation in documentation, or attempts to unduly influence the award process.

Self-Cleaning and Practical Evidence

The Code allows operators subject to exclusion grounds to demonstrate self-cleaning (self-cleaning measures) by providing evidence that they have paid compensation for damage caused, actively cooperated with investigating authorities, and taken concrete technical, organisational and personnel measures to prevent further criminal or professional misconduct. The burden of proof lies with the operator, and the contracting authority has discretion to assess whether the measures are sufficient.

Common Documentation Failures

Practical experience shows that bidder exclusions frequently result from procedural errors rather than substantive disqualification. The most common failures include:

• Incomplete or expired criminal-record certificates for directors and legal representatives.
• Missing or non-compliant tax-compliance certificates (DURC, Documento Unico di Regolarità Contributiva).
• Failure to disclose relevant judgments or pending proceedings.
• Technical-capacity documentation that does not match the specific requirements stated in the tender notice.

These documentation gaps, while often rectifiable through the regularisation procedure (soccorso istruttorio) under Article 101, can prove fatal where the contracting authority applies a strict interpretation, a frequent source of TAR litigation.

Remedies, ANAC Complaint, Standstill and TAR Appeals Step by Step

The remedies available under Italy’s public contracts code follow a structured sequence. Bidders who believe they have been unlawfully excluded or that an award decision is flawed have two principal routes, an ANAC complaint for supervisory intervention, and a formal appeal before the TAR. Understanding the interaction between the standstill period, the ANAC complaint process and the TAR appeal deadline is critical for preserving rights.

Step 1: Standstill Period, Immediate Protection

The Public Contracts Code imposes a mandatory standstill period of 35 days from the date the award decision is communicated to all tenderers (Article 18 of Legislative Decree 36/2023, implementing Article 2a of Directive 89/665/EEC). During this period, the contracting authority may not sign the contract. The standstill ensures that aggrieved bidders have time to file an appeal before the contract becomes binding. Contracts signed in breach of the standstill are voidable.

Step 2: ANAC Complaint, Supervisory Intervention

ANAC accepts complaints (esposti) from economic operators, trade associations and other interested parties regarding irregularities in procurement procedures. While an ANAC complaint does not suspend the procurement or constitute a formal legal challenge, it triggers supervisory scrutiny. ANAC may:

• Issue a recommendation to the contracting authority to rectify procedural defects.
• Adopt a binding supervisory measure if it identifies a serious breach.
• Refer the matter to the competent judicial authorities.

Complaints should be filed directly through ANAC’s online portal, supported by documentary evidence of the alleged irregularity. Industry observers expect that ANAC will continue to expand its supervisory activity following the 2024 corrective decree, which strengthened its investigatory powers.

Step 3: TAR Appeal, The 30-Day Deadline

The primary judicial remedy is an administrative appeal to the TAR (Tribunale Amministrativo Regionale) with territorial jurisdiction over the contracting authority. Under the Code of Administrative Process (Legislative Decree 104/2010), procurement appeals must be filed within 30 days from the date of notification or full knowledge of the challenged act.

The TAR appeal process follows a compressed timetable designed to minimise disruption to procurement timelines:

1. Days 0–5 (immediate steps): Obtain and review the full award decision and evaluation minutes. Engage legal counsel. Assess whether to request an interim suspension order (misura cautelare).
2. Days 5–30 (filing): Prepare and file the appeal with the competent TAR. Include all documentary evidence, a statement of grounds and, where urgency requires, a request for interim suspension. Pay the unified court contribution (contributo unificato), which is higher for procurement cases than standard administrative appeals.
3. Days 30–60 (hearing and decision): The TAR schedules a hearing, typically within 30–45 days of filing for procurement matters, given the accelerated rite. If interim suspension is requested, a chamber hearing (camera di consiglio) is convened within days of filing.

Suspension Requests and Urgent Relief

Where the appellant demonstrates fumus boni iuris (an arguable case on the merits) and periculum in mora (irreparable harm from delay), the TAR may grant a suspension order that prevents the contracting authority from executing the award or signing the contract until the case is decided. The Consiglio di Stato hears appeals against TAR suspension orders on an expedited basis.

Remedies Timeline Summary

Practical Compliance Checklist for Contracting Authorities and Bidders

The following checklist captures the key compliance obligations under the Public Contracts Code as it applies in 2026, reflecting the updated thresholds, digital-platform requirements and the corrective decree amendments.

Case Law and Enforcement Trends

Since the Public Contracts Code entered into force in July 2023, the TAR and the Consiglio di Stato, Italy’s supreme administrative court, have developed a significant body of case law interpreting the new provisions. Several themes have emerged from the published decisions on the Giustizia Amministrativa portal.

First, courts have taken a rigorous approach to exclusion-ground evidence, requiring contracting authorities to document the specific factual basis for applying Article 80 and affording operators a meaningful opportunity to present self-cleaning evidence before a decision is finalised. Second, suspension requests have been granted at a notably higher rate in cases where the contracting authority failed to observe procedural safeguards, particularly the obligation to provide detailed reasons for exclusion. Third, early indications suggest that disputes around digital-platform compliance and the transition to the new unique-identifier system are becoming an emerging source of litigation, as operators and authorities adapt to the fully digital procurement lifecycle.

The Consiglio di Stato has also confirmed that the principio del risultato, the result principle introduced by Article 1 of the Code, is not merely aspirational: it carries interpretive weight and can be invoked to resolve ambiguities in tender documentation in favour of the outcome that best serves the public interest.

What Is the Main Law Governing Public Procurement in Italy: Conclusion and Next Steps

Legislative Decree 36/2023, the Public Contracts Code, is the definitive statutory framework for public procurement in Italy. As amended by the corrective decree (Legislative Decree 209/2024) and supplemented by ANAC implementing measures, it governs everything from the digital publication of tenders to the grounds for excluding a bidder and the remedies available when things go wrong. The 2026 threshold adjustments and mandatory digital-platform registration represent the most operationally significant recent changes for both contracting authorities and suppliers.

For any organisation active in Italian public procurement, whether as a contracting authority designing a tender or as a supplier contesting an adverse decision, staying current with these evolving requirements is not optional. Early engagement with qualified administrative law specialists is essential, particularly where exclusion risks, standstill compliance or TAR appeal deadlines are in play. To identify a procurement litigation specialist with experience in Italian administrative courts, consult the Italy administrative law directory.

Sources

1. Gazzetta Ufficiale della Repubblica Italiana
2. Normattiva, Portale della legge vigente
3. ANAC, Autorità Nazionale Anticorruzione
4. EUR-Lex, Access to European Union Law
5. Giustizia Amministrativa, Consiglio di Stato e TAR