Fabrizio Fracchia, Concessions and Public Contracts. The Italian Case


1. Premise. 

2. The definition of concession in the Italian code of contracts. 

3. Concessions and ‘cold works’. 

4. Concessions and “hot works”: financial and economic planning and management.

5. Modifying the concessionary relationship.

6. The concession between contract and administrative act.


The Author analyses the most important aspects of the organic discipline provided for in the “Code of public contracts” concerning concession award, starting from the legal definition of concession. The analysis puts the focus on the concessions in the sector of the “cold works” and in the “hot works”, with specific reference to the aspects of planning, financial and economic management. The Author also proposes a reconstruction of the Italian legislation concerning the modification of the concession relationship. Finally, some considerations are made regarding the particular discipline of the revocation of the concession, which seems to bring the contract closer to an administrative agreement.