Decreto Legislativo 18 aprile 2016, n. 50 ("Codice dei Contratti Pubblici" - Code of Public Contracts) implements and transposes into Italian legislation Directive 2014/23/EU on the award of concession contracts, Directive 2014/24/EU on public procurement and Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors.

In addition, specific laws and regulations may apply depending on the relevant industry, the contracting authority and the awarding procedure.

Italian public procurement legislation is based largely on the EU Directives on public procurement. These in turn are influenced by the WTO Government Procurement Agreement (GPA) as the European Union and each of its 28 Member States are signatories to the GPA. The scope of the GPA covers any law, regulation, procedure or practice regarding any procurement by any contractual means as soon as the procuring entity and the type of contract are listed in Appendix I to the GPA and the thresholds stated there are exceeded.

In addition, article 25 of Directive 2014/24/EU is exactly transposed into Codice dei Contratti Pubblici, and Italian contracting authorities shall accord to the works, supplies, services and economic operators of the signatories to those agreements [GPA and other binding international agreement], treatment no less favourable than the treatment accorded under the same Codice dei Contratti Pubblici.

As Italian procurement law aims largely at implementing the EU Directives on public procurement, it concentrates on principles resulting from European primary law. Thus, public contracts may only be awarded on the basis of a competitive award procedure, which must be transparent and non-discriminatory and respect the principles of economic procurement and proportionality. Additionally, the promotion of small business' interests must be considered. Aspects of quality and innovation as well as social and environmental aspects have to be taken into account, too. These principles have to be observed during every step of the procurement process and are further detailed in and implemented through national provisions.

While, in principle, government procurement in the field of defense and security falls under the general EU procurement rules (Directive 2014/24/EU), these general rules do not accommodate the specificities of defense-related procurement contracts.

As a matter of law, article 15 of Directive 2014/24/EU is exactly transposed into Codice dei Contratti Pubblici, which does not apply to contracts falling within the scope or rather excluded from the scope of Directive 2009/91/EC (as transposed into Italian legislation through Decreto Legislativo 15 novembre 2011, n. 208).

Codice dei Contratti Pubblici is basically consistent with EU provisions also as to public contracts and design contests involving defence or security aspects.