Identifier: TDX:4508
Authors: Pagliani, Nicoletta
Abstract:
This research project examines public intervention in the economy during the pandemic emergency, focusing on public procurement as a framework for analysing the relationship between the public and private sectors from an interdisciplinary perspective.
The work starts from the historical evolution of the role of the Italian state in the market, from entrepreneur to regulator of competition, and reviews the instruments of public intervention such as economic planning, state aid and public procurement. The connection between the protection of competition and the role of the public body in public tenders is explored, with a regulatory analysis in which the Italian 'economic constitution' is brought into line with the European one, characterised by the discipline on competition and the prohibition of State aid.
The study delves into the emergency discipline related to the Covid-19 pandemic, examining public market interventions, state aid reforms, business incentive policies and the suspension of EU budget constraints. Interventions in public procurement are analysed, starting from the pre-crisis discipline, through the pandemic measures and their effects on the procurement code, to the post-crisis regulation and the search for a possible stabilisation of the emergency changes.
It also mentions the emergency measures developed during the crisis of the Russian-Ukrainian conflict, highlighting regulatory continuities.
The final part emphasises the new role of the public actor in emergencies, highlighting its renewed presence in the market and public intervention aimed at protecting primary interests such as public health, in line with the vocation of the Italian economic constitution.
The issue of the role of the state in the economy requires identifying the best ways to redefine its role in an innovative way, paying greater attention to social justice, the protection of the right to work and employment, and the environment, aspects that have been less considered in the last thirty years.