Preamble

THE PRESIDENT OF THE REPUBLIC Having seen articles 76 and 87 of the Constitution; Having seen article 14 of law 23 August 1988, n. 400; Having regard to Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts; Having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC; Having regard to Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing the Directive 2004/17/EC; Having seen the law of 24 December 2012, n. 234, containing «General rules on the participation of Italy in the formation and implementation of the legislation and policies of the European Union»; Having seen the legislative decree of 18 April 2016, n. 50, containing «Public contracts code»; Having seen the law of 21 June 2022, n. 78, containing «Delegation to the Government regarding public contracts»; Having seen, in particular, article 1, paragraph 4, of the aforementioned law of 21 June 2022, n. 78, which provides that the Government can avail itself of the faculty referred to in article 14, number 2, of the consolidated text of the laws on the Council of State, referred to in the royal decree of 26 June 1924, n. 1054; Having seen the note dated 28 June 2022 with which the President of the Council of Ministers entrusted the formulation of the draft legislative decree regulating public contracts to the Council of State, pursuant to article 1, paragraph 4, of the law 21 June 2022, n. 78; Having seen the decree of the President of the Council of State dated 4 July 2022, with which the formulation of the said project was referred to a special commission and its composition was established; Having seen the outline of the “Public Contracts Code implementing article 1 of law 21 June 2022, n. 78, containing «Delegation to the Government regarding public contracts»”, drawn up by said special commission and transmitted to the Government by the Council of State on 27 October 2022 - 7 December 2022; Having seen the preliminary resolution of the Council of Ministers, adopted at the meeting of 16 December 2022; Having acquired the opinion of the Unified Conference referred to in article 8 of the legislative decree of 28 August 1997, n. 281, rendered on 26 January 2023; Having acquired the opinions of the competent commissions of the Chamber of Deputies and the Senate of the Republic; Having seen the resolution of the Council of Ministers, adopted at the meeting of ...; On the proposal of the President of the Council of Ministers and the Minister of Infrastructure and Transport, in agreement with the Ministers for European Affairs, the South, cohesion policies and the PNRR, for institutional reforms and regulatory simplification, for disability, foreign affairs and international cooperation, interior, justice, defence, economy and finance, business and Made in Italy, environment and energy security, work and social policies, and culture; ISSUES the following legislative decree: