Le garanzie difficili nel sistema degli appalti = Difficult guarantees in the procurement system. WP C.S.D.L.E. “Massimo D’Antona”.IT – 393/2019

Marazza, Marco (2019) Le garanzie difficili nel sistema degli appalti = Difficult guarantees in the procurement system. WP C.S.D.L.E. “Massimo D’Antona”.IT – 393/2019. [Working Paper]

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Abstract

The labour regulation in the procurement and, generally, in the process of productive decentralization is a normative system extremely complex that requires, for the interpreter, a modern and interdisciplinary approach. The essay, having explained this premise, analyzes some specific areas of interpretative uncertainty, proposing solutions that aim to develop the contribution of disciplinary areas different from the labour law. Moreover, all the above to identify and to establish the new limits among the procurement contract, the subcontracting and irregular provision of employment services, also in the area of network contracts; with the aim to rethink the effects and consequences of the certification of the procurement contract and to highlight the criticality of the role given to the collective autonomy in the present field.

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