La disciplina del termine di ricorso nel rito speciale ex art. 120 c.p.a.: dal creazionismo giurisprudenziale ad un approdo (temporaneo) ope conditorum

Abstract

The contribution aims to carry out a historical excursus first and then a mise au point on the discipline of identifying the dies a quo for the proposition of judicial appeal in the field of public procurement against measures other than tenders. On the subject the legislator - after a long sleep, which had left free rein to jurisprudential creationism - recently intended to intervene with the legislative decree. lgs. 36/2023, which rewrote the art. 120 c.p.a. also partly here. But is this a true and definitive clarification? It is to this question that we will attempt to suggest an answer