Baule, Paola (2017) I Poteri del giudice amministrativo in caso di annullamento dell'aggiudicazione e sorte del contratto. Doctoral Thesis.
This thesis draws on the subject of the powers of the Administrative Judge when canceling the contract award and the outcome of the contract. The theme, falling within the scope of public contracts, is characterized by a discipline resulting from a constant mismatch between sources of national law and sources of Community law. The last major innovation in this matter was with Legislative Decree no. 53/2010 which has adopted the new "appeal directive" and that in the field of public procurement litigation has made a real revolution, extending considerably the powers of the administrative court, under exclusive jurisdiction. Powers that have placed various questions both substan- tially and procedurally. The present thesis analyzes the legal and jurisprudential evolution of this subject, as well as the various issues related to the nature of the court's ineffectiveness of the contract, whether declarative or constitutive, the possibility of a pronoun of the court, the substantial consequences of such pronouncement, or what kind of disability the contractor has.
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