PRINCIPLES AND COMMUNITY regulatory gaps.
Monday meeting in 21 U.S. had also stressed that the principles of law Community is a tool to bridge the regulatory gaps.
In this respect we can point out how the Council of State, recognizing the exclusive jurisdiction of the GA in a service contract for an amount less than that required by the guidelines, drew and shared the guidelines of the Court of Justice, pointing out that binding Community rules may well prevail over the narrow scope of the procurement directives. In fact, ga, referring to the position of the EU Commission points out that, even in cases where not applicable secondary Community law (in this case the Directive on the procurement of services, pouring in the event of a public service concession), the choice of contractor still encounters the limits set by the Treaty rules to ensure non-discrimination, equal treatment and transparency (cons. St., Sec. IV, 15 February 2002, n. 934).
Always starting from the EU principles, which become key analog interpretation of state standards, the TAR Lazio Latina, September 8, 2006, No 610, held that "the principle laid down in Art. 3, paragraph 1, rd November 18, 1923, No. 2240 (General Accounting Law of the State) and Art. 37 rd May 23, 1924, No. 827 ( accounting regulations of the State), that the contracts from which it derives an income for the state must be preceded by public auctions must be regarded as applicable by analogy, given the identity of a ratio, even with the concessions contract-state property and / or property, does not indicate, for those purposes, the authoritative time as relating solely to the decision to transfer power in the hands of the third and not the method of choice of the latter. "
are also significant two circulars from the Department of Community Policies. Circular 1 March 2002, No. 3844 states that" in terms of expectations, through granting of public relevance Community The fundamental principles of Community law (retractable primarily in Articles 43 and 49 of the EC Treaty), and the general principles that govern matter Public Contracts (extracted from the directives on public works, services, supplies and excluded sectors, requires the proceeding to act in ways that preserve the advertising of credit and non-discrimination of businesses, markets the use of competitive procedures selective. "In the circular June 6, 2002, No. 8756 states that, even in public procurement with a value below the threshold laid down by Community secondary legislation, authorities are still required to observe standards of conduct that allow to avoid discrimination on the basis of nationality and residence, ensuring all interested companies can come in time to knowledge Administrative intention to enter into the contract and their chances to play competitive through the formulation of appropriate tenders.
INORME EXCEPTIONAL INTERPRETATION AND ANALOGY.
Always light of what emerged in the last meeting, is of particular interest the decision of the TAR Sicilia Palermo, Sec. I, April 21, 2006, No 901, with which, in the opposite direction to what was held by the State Council (decision VI Sec. No 792 of 1998), it was decided to make extensive use (and not analog) of an exceptional rule (Art. 13 DPR 382/1980). In particular, the TAR states that "... ... a broad interpretation, which is the result of a logical operation aimed at identifying the real meaning and scope of this provision, which allows to determine the exact scope of operations, even beyond the limit apparently marked by its wording, and identify the actual semantic value of the provision, taking into account the legislature, and then extending the juris rule to cases not expressly provided for by law, but by the same implicitly considered.
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