Article 220. Pre-litigation opinions and legitimacy to act of the ANAC.

1. Upon the initiative of the contracting authority, the granting body or one or more of the other parties, the ANAC expresses an opinion, after cross-examination, on issues arising during the conduct of the tender procedures, within thirty days of receiving the request. The economic operator who has requested the opinion or has agreed to it can challenge it exclusively for violation of the rules of law relating to the merits of the dispute. The contracting authority or granting body that does not intend to comply with the opinion communicates, with a provision to be adopted within fifteen days, the relevant reasons to the interested parties and to the ANAC, which may propose the appeal referred to in paragraph 3. 2. L ANAC is entitled to take legal action to challenge notices, other general documents and provisions relating to contracts of significant impact, issued by any contracting authority, if it deems that they violate the rules on public contracts relating to works , services and supplies. 3. If it considers that a contracting authority has adopted a measure vitiated by serious violations of the code, the ANAC issues, within sixty days of the news of the violation, a reasoned opinion in which it specifically indicates the defects of legitimacy found. With the regulation referred to in paragraph 4, the Authority identifies a maximum deadline, starting from the adoption or publication of the act containing the violation, within which the opinion can be issued. The opinion is sent to the contracting authority. If the contracting authority does not comply within the deadline assigned by the ANAC, in any case not exceeding thirty days from transmission, the Authority may lodge an appeal, within the following thirty days, before the administrative judge, pursuant to article 120 of the code of the administrative process, referred to in annex 1 to the legislative decree of 2 July 2010, n. 104. 4. The ANAC, with its own regulation, may identify the cases or types of measures, also relating to the executive phase, with reference to which it exercises the powers referred to in the previous paragraphs. EFFECTIVE FROM: 1 July 2023


REPORT The changes introduced aim to strengthen the institute, implementing the directive criterion contained in the art. 1, paragraph 2, letter. ll) of enabling law no. 78 of 2022, which assigns the...


NEW • The provision according to which "The opinion obliges the parties who have previously agreed to it to comply with what is established therein" has been eliminated. The opinion is therefore alwa...
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