Contratto pubblico e sindacato del giudice amministrativo

The study of nature and extension of administrative judicial review in litigations concerning public authority contracts and the connected obligations is conducted with the knowledge of the strategic role played by the discipline brought within the conceptual scope of the so-called public contract techniques of work, supplies and services contracts and within the area of EU contracts, with the economic prospect of the effectiveness of the EU internal market and with the judicial prospect of building the standards of substantial legality of an act of independent administrative authorities that is objectively administrative or regulatory and the standards of the need of rules for the protection of the interests involved in the contract together with an appropriate grade of certainty and effectiveness, able to guarantee the private contractor even during the execution of the contractual relationship. In this prospect, it is pointed out the conflict of techniques for the protection of the economic operators’ interests centred around the rigid jurisdiction allotment between the litigations related to phase of the public choice of the contractor (given to the administrative court) and those arisen after the stipulation of the contract and related to the execution phase (given to the ordinary court) and domestic and EU legislative tendencies in which the administrative law judge is inclined toward an effective protection of the substantial claim sought by the claimant in the judgement that, in principle, if founded, must get its concrete and full satisfaction, as well as within the concentration of the judgements one of the instruments apt to concretize the principle of the effectiveness of protection. Through an analysis characterised by a continuous interrelation between general and sectorial principles and regulations of EU and domestic law, that also relies on useful comparative cues (substantial and procedural discipline of the “contractes administratifs” of the French legal system), the premises are laid for a systematic order for the configurability of logical juridical spaces for an exclusive jurisdiction of the administrative court extended to all the litigations that are based on the unitary and inseparable interest of the economic operator in participating in a tender, in achieving the adjudication, in carrying out the public work (or in performing the service or in doing the performance) and in obtaining the compensation. Thereby improving the role of the administrative court of “court for the claims ‘to the market’ ” and of “court for the examination of the administrative office ‘for the market’ ”.