ADMINISTRATIVE | Tuscany Regional Law on award criteria in public procurement procedures held unconstitutional

On 30 April 2026, the Italian Constitutional Court delivered a judgment declaring unconstitutional Article 1 of Tuscany Regional Law No. 30/2025, which had introduced, in regional public procurement procedures, an award criterion granting additional points to bidders applying a minimum hourly wage of at least EUR 9 gross. The provision had been challenged by the President of the Council of Ministers on the grounds that it infringed the State’s exclusive legislative competence in matters of competition pursuant to Article 117 of the Italian Constitution.

The Court held that award criteria in public procurement procedures fall within the State’s exclusive legislative competence, since they directly affect both access to the market and competitive dynamics among economic operators. The Court further observed that national legislation already provides a comprehensive and uniform framework governing worker protection and minimum labour standards in the performance of public contracts.

The judgment therefore confirms that Regions may not introduce autonomous award criteria capable of altering the balance established by national procurement legislation between the protection of competition and social policy objectives.

Newsletter n. 118 – May 2026