Brevi note sui rimedi di precontenzioso dell'Anac tra legalità processuale e termine di decadenza

The paper aims to analyse the pre-litigation remedies in front of Anac under three distinct profiles. First, whether and to what extent their discipline is in accordance with the principle of legality: in that sense, key elements of that framework are not provided by the Code of Public Contracts, but by regulations of Anac itself. Secondly, whether and to what extent their discipline is compatible with the principle of the separation of powers: in this regard, the authority who sets the rules is then the same that has to observe those rules. Finally, the endless modifications suffered by these pre-litigation tools lead to reason on the difficulties of Alternative dispute resolutions to affirm in our legal system, based on the opposite logic of a short time limit in judicial review.