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Economy and work

More certainty for contracting stations and operators

The signing of the agreement between Anac and Cnel on 16 June marks a new step forward that is destined to generate a concrete impact

by Renato Brunetta and Michele Tiraboschi

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The process of modernising actions to supervise, prevent and combat unlawfulness in the public administration took a turning point just over ten years ago, with the transfer to the National Anti-Corruption Authority (ANAC) of the tasks that had until then been carried out by the abolished Authority for the supervision of public contracts for works, services and supplies.

The signing of the important inter-institutional agreement between Anac and the National Council for Economy and Labour (Cnel) on 16 June marks a new step forward that is destined to generate a concrete impact for the 44,154 active contracting stations (2024 figure) and thousands of economic operators.

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The agreement envisages, alongside important initiatives aimed at the labour inclusion of those who are serving a prison sentence or an alternative to imprisonment, the valorisation of the National Archive of Contracts and Collective Labour Agreements already referred to by the legislator within the reform of the Public Contracts Code.

The Contract Archive, established at the CNEL by the 'Mattarella Law' of 1986, was created precisely to meet the fundamental requirements of transparency, correct identification of contractual texts and their preservation over time. These objectives are central to guaranteeing an orderly development of the industrial relations system and full, correct information on the regulatory and wage structures expressed by collective bargaining.

Thanks to this agreement, concrete solutions are introduced to support contracting stations in identifying the correctly applicable collective agreements according to the sector and type of activity or enterprise. The agreement also provides useful tools to verify the equivalence of collective agreements in the context of the application of the recent reform of the Public Procurement Code regulations.

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This is possible thanks to the sharing of the information assets held by Anac and Cnel, as well as through specific training and information activities themselves addressed to contracting stations, economic operators and their legal advisors. Not only that. Cnel will also provide support to Anac in the phase following the identification by the contracting stations of the prevailing activities that are the subject of the contract to be performed, in order to verify the equivalence of the collective agreements with those actually adopted by the individual economic operator.

The agreement was made possible thanks to the full support of Anac's President, Giuseppe Busia, and the recent reorganisation of the National Archive of Contracts and Collective Labour Agreements of the Cnel, which marks a strategic step towards greater transparency and accessibility.

The Cnel Assembly, in its session of 24 October 2024, unanimously approved an operation of total transparency and full accessibility to the collective agreement archive also by the contracting stations called upon to answer the many practical questions raised by the reform of the public procurement code with respect to the applicable labour contracts.

On 12 March last, the Information Commission of the Cnel effectively began the reorganisation of the Archive - in a suitably experimental form and with a substantial investment in technology - to make it easy to interrogate a database that contains over 150,000 contractual texts, including current texts and historical texts whose preservation is important. The turning point, with respect to public procurement operations, was the decision to sort the collective contracts deposited in the Archive using the Ateco classification - by sections and divisions - in order to align with the language adopted by the Public Procurement Code. A 'contract sheet' will then make it easy to identify the normative and remuneration parameters on which to formulate, in accordance with current legislation, the judgement of equivalence of the contracts in use for the economic sector of reference.

This is an institutional path of great significance, which will undoubtedly have to be confirmed and validated along the way, but which now lays the foundations to provide solid institutional answers to the many uncertainties and operational difficulties that have so far been manifested by contracting authorities and economic operators, in such a delicate and neuralgic matter for the functioning of public administrations and the country.

President of Cnel

Chairman Information Commission of the Cnel

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