“Nuovo” Codice dei contratti pubblici e criteri ambientali minimi per l’economia circolare

The article, inspired by the recent entry into force of the new Italian Public Procurement Code, focuses on the contribution that public demand can provide to the affirmation of the circular economy. In particular, moving from the examination of the provisions that oblige the contracting authorities to include environmental considerations in public contracts and, more specifically, to introduce, in the contract notice, the environmental criteria established by decree of the Ministry of the Environment and Energy Security, the essay analyzes the major critical issues concerning this obligation in the light of the judicial interpretation and then dwells upon the examination of some examples of environmental criteria to evaluate how their application may prove useful to foster the transition to the circular economy.