The paper analyses the regulation of social clauses on fair treatment in public procurement in the light of the new code of public contracts. The essay briefly traces the significant changes with regards to the protective technique introduced by Article 36 of the Workers' Statute. It then proceeds to compare the relevant provisions contained in Legislative Decree no. 50/2016 and those set up by Legislative Decree no. 34/2023, highlighting the profiles of continuity and discontinuity and the persistent - and sometimes unprecedented - application issues. In the final paragraph the risks of friction with constitutional principles and EU legislation are examined.
‘A cavallo’ tra due codici: l’equo trattamento dei lavoratori nella nuova normativa sui contratti pubblici
Ivana Santoro
2023-01-01
Abstract
The paper analyses the regulation of social clauses on fair treatment in public procurement in the light of the new code of public contracts. The essay briefly traces the significant changes with regards to the protective technique introduced by Article 36 of the Workers' Statute. It then proceeds to compare the relevant provisions contained in Legislative Decree no. 50/2016 and those set up by Legislative Decree no. 34/2023, highlighting the profiles of continuity and discontinuity and the persistent - and sometimes unprecedented - application issues. In the final paragraph the risks of friction with constitutional principles and EU legislation are examined.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
