Profili evolutivi del diritto degli appalti. Il paradigma delle cause di esclusione

Italian administrative law has been undergoing an evolution aimed at progressively eliminating the relevance that merely formal defects have traditionally held, an evolution which has nonetheless struggled to gain prominence in the case of the procedures for obtaining public commissions. In this regard, the aim of safeguarding the fundamental right to equality of treatment has been pursued by means of merely formal rules, whose strict compliance has always been regarded as indispensable for the accomplishment of the afore mentioned aim. The necessity of going beyond the former legal set-up in order to fully guarantee the principle of “favor partecipationis” has gained prominence with some difficulty and solely recently. This doctoral thesis, by analyzing the field of exclusions from public tenders, aims to illustrate how the evolution of national tender law has been taking place at the material level, and to show to what extent the phenomenon of the so-called hybridization of the Italian legal system under the influence of European law has actually affected this very evolution itself.