Judgment No. 16288 of 2024: Jurisdiction and Highway Concessionaires

The Constitutional Court, with its order No. 16288 of June 12, 2024, addressed a fundamental issue concerning jurisdiction and the obligation for public tendering for highway concessionaires. This ruling marks a paradigm shift in public contract management and has generated considerable interest in the legal and business sectors.

Regulatory Context

Until this judgment, Article 177, paragraph 1, of Legislative Decree No. 50 of 2016 and Article 1, paragraph 1, letter iii), of Law No. 11 of 2016 required highway concessionaires to award contracts through public tendering procedures. However, the Court declared the constitutional illegitimacy of these provisions, stating that concessionaires are not obliged to follow such procedures.

Highway concessionaires - Obligation to award contracts through public tendering procedures - Constitutional illegitimacy of Article 177, paragraph 1, Legislative Decree No. 50 of 2016 and Article 1, paragraph 1, letter iii), of Law No. 11 of 2016 - Consequences - Disputes relating to said awards - Jurisdiction of the ordinary judge - Existence.

Consequences of the Judgment

With this ruling, highway concessionaires can now choose whether or not to apply public tendering rules for awarding contracts. This not only simplifies the assignment process but also allows for greater flexibility in a sector that requires rapid operational decisions. It is important to note that, despite this freedom, concessionaires are not considered public bodies, which implies that disputes relating to such awards fall under the jurisdiction of the ordinary judge.

• Greater flexibility in contract management
• Possibility of recourse to public tendering procedures on a voluntary basis
• Clarity on the ordinary jurisdiction for disputes

Implications for the Sector

This ruling has significant implications for the infrastructure and public works sector. Concessionaires will be able to operate with greater autonomy but must still pay attention to current regulations and potential legal challenges. The Constitutional Court's decision represents an opportunity to review award methods and promote greater efficiency in the execution of public works.

Conclusions

In conclusion, Judgment No. 16288 of 2024 offers an important point of reflection on the issue of contract awards by highway concessionaires. With the declaration of illegitimacy of previous rules, a new chapter opens in the management of public procurement, with potential benefits for operational efficiency and clearer jurisdiction for disputes. It will be interesting to observe how this change will influence the legal landscape and operational practices in the sector.