WHITE LIST, ELENCHI DI MERITO E RATING DI LEGALITA': SEMPLIFICAZIONE AMMINISTRATIVA?

THE ARTICLE EXAMINES THE ISSUE OF PRIVATE COMPANIES ELIGIBILITY TO APPLY TO PUBBLIC PROCUREMENT CALLS, GIVEN THE WIDESPREAD TREND OF PUBLIC ADMINISTRATIONS TO PUBLISH LISTS OF COMPANIES MEETING CERTAIN REQUIREMENTS. AFTER AN APPRAISAL OF THE ROLE PLAYED BY THE AUTORITY FOR THE SUPERVISIONE OF PUBLIC CONTRACTS, THE ARTICLE EXAMINES THE COMPANIES RATINGS ADOPTED BY THE ANTITRUST AND THE WHITE LISTS ESTABLISHED BY THE ANTI-MAFIA-PREFECTURES. FURTHERMORE, THE ARTICLE FOCUES ON THE EMILIA ROMAGNA REGIONAL LAW WHICH ESTABLISHES THE SO-CALLED "LIST OF MERIT". INDEED THIIS A VERY SPECIFIC ELIGIBILITY METHOD FOR COMPANIES WISHING TO OPERATE IN THE CONTRUCTION SECTOR IN SUCH REGION. THE PROBLEM ARISING FROM SUCH METHOD IS, HOWEVER, THE LACK OF COORDINATION AMONG DIFFERENT LISTS; AND THE DUPLICATION OF ADMINISTRATIVE ACTIVITY TO THE DETRIMENT BOTH OF THE SIMPLIFICATION OF PUBLIC PROCUREMENT PROCESES AND OF THE COMPANIES, WHICH ARE REQUIRED TO REDOUBLE THEIR EFFORTS TO APPLY TO DIFFERENT LISTS.