Article 2. Principle of trust.

1. The attribution and exercise of power in the sector of public contracts is based on the principle of mutual trust in the legitimate, transparent and correct action of the administration, its officials and economic operators. 2. The principle of trust promotes and enhances the initiative and decision-making autonomy of public officials, with particular reference to the evaluations and choices for the acquisition and execution of services according to the result principle. 3. As part of the activities carried out in the phases planning, planning, assignment and execution of contracts, for the purposes of administrative liability, the violation of legal provisions and administrative self-restraints constitutes serious negligence, as well as the clear violation of rules of prudence, expertise and diligence and the omission of precautions , checks and preventive information normally required in administrative activity, as they are payable to the public agent based on specific skills and in relation to the specific case. The violation or omission determined by reference to prevailing jurisprudential guidelines or opinions of the competent authorities does not constitute serious negligence. 4. To promote trust in the legitimate, transparent and correct action of the administration, the contracting authorities and the granting bodies adopt actions for insurance coverage of risks for personnel, as well as to requalify contracting authorities and to strengthen and give value to the professional skills of employees, including the training plans referred to in article 15, paragraph 7. EFFECTIVE FROM: 1 ° July 2023

Relazione

REPORT Article 2 codifies the principle of trust. Paragraph 1 provides that the attribution and exercise of power in the sector of public contracts is based on the principle of mutual trust in the l...

Commento

NEW • The art. 2, enshrining the principle of trust, affirms a new vision, in positive terms, of public administration. The decision-making autonomy of officials is encouraged and their action is pro...
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