Administrative Law, Code of Public Contracts, Functions of the Director of Works and of the Director of Execution, Council of State, Opinion n. 360_2018, Meeting of the Special Commission of 23 January 2018, expedition of 12/02/2018
The Minister of Infrastructure and Transport asked for an opinion on the draft decree to be issued pursuant to art. 111 (Technical, accounting and administrative control) of the new Code of public contracts, approved by Legislative Decree 18 April 2016, n. 50, as amended by the “corrective” pursuant to Legislative Decree 19 April 2017, n. 56.
According to the provisions of paragraphs 1 and 2 of art. 111, with the decree of the Minister of Infrastructures and Transport the guidelines are approved which, respectively:
– identify the methods and, where appropriate, the type of acts, through which the project manager carries out the activity described in art. 101, paragraph 3, of the same Code, so as to guarantee transparency, simplification, IT efficiency, with particular reference to electronic methods and instruments also for accounting controls (Article 111, paragraph 1);
– fully identify the procedures for carrying out control activities by the Director of the execution of service or supply contracts, according to criteria of transparency and simplification (Article 111, paragraph 2).
The Council of State of 12/02/2018 delivered the opinion on the decree of the Ministry of Infrastructures and Transport on the functions of the construction manager and the execution director.
Source Administrative Justice
