La disciplina degli incentivi alle funzioni tecniche nel nuovo Codice dei Contratti pubblici: esame della norma e criticità in ambito Difesa e Sicurezza
This paper aims to analyse and assess the impact of the provisions of the new Public Contracts Code, with a specific focus on Article 45, which regulates the allocation of technical incentives to public administration staff involved in the awarding of contracts and concessions. The analysis shows that such incentives, if well structured and correctly applied, can generate a virtuous circle of continuous improvement, stimulating innovation and efficiency in administrative activities. After a historical and evolutionary survey of the legislation relating to these instruments, both the theoretical-regulatory and practical-applicative aspects of the legislation are examined in depth, with particular reference to personnel belonging to the Defence and Security sector, an area that presents unique challenges and peculiarities. In fact, for example, managers in these sectors – unlike managerial staff in other public administrations – were excluded from receiving incentives, at least until April 2025, with the approval of an amendment to the Code.
