Conventions de légalité en Italie : prévention de la corruption dans les marchés publics et compatibilité avec les principes de l’Union européenne – Carol Cravero

Integrity Pacts are a tool for preventing corruption, bribery and fraudulent practices in public procurement. They contain statements and undertakings that all bidders have to submit to. In Italy their inclusion in bidding documents is provided by article 1 paragraph 17 of the law No. 190 of 2012. If one bidder does not submit to it, a sanction of debarment is applied to it. However, it is important to analyse this sanction in the broader context of debarment clauses as provided under European directives (No. 2004/18/CE and the new directive No. 2014/24/EU) as well as in the Italian Code of public contracts for works, services and supplies. The sanction of debarment linked to Integrity Pacts must be interpreted on the basis of European principles. In particularly, the Court of Justice of European Union points out that the principle of proportionality is the cornerstone of any evaluation about the compatibility of this national measure with the European legal system.