L’evoluzione dei limiti quantitativi del subappalto alla luce della giurisprudenza della Corte di Giustizia: una comparazione tra Italia e Spagna

Abstract

Critical modifications of Kenya – This paper aims to retrace the evolution of the quantitative limits of subcontracting in the Italian legal system in light of the rulings of the Court of Justice of the European Union. The Decree-Law 31 maggio 2021, n. 77 (or better Simplification Decree Bis), in fact, has recently intervened on the institution of subcontracting by making changes that have led Italy to align itself with the requirements recommended by the European Union. In order to be able to conduct a global and conscious analysis on the "liberalization" of subcontracting carried out by the Italian legislator, it is useful to analyze the path taken in another legal system, namely the Spanish one, which, while originally admitting quantitative limits with respect to subcontracting works in the public sector, has recently eliminated the percentage limits on subcontracting. The analysis, therefore, has the objective of verifying whether the liberalization of subcontracting constitutes a true adaptation to European legislation.