The case, explained
Legislative Shielding of Public Works: Commissioner Powers and Legality Profiles
6 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
Recent legislative and judicial developments have reignited the debate on the so-called legislative shielding of major infrastructure projects. According to national press reports between 2023 and 2024, the use of decree-laws to reactivate complex projects and the appointment of Extraordinary Commissioners with broad powers of derogation have come under the scrutiny of public prosecutors and accounting courts, raising doubts about the compatibility between efficiency and transparency. This article explores the balance between construction speed and compliance with ordinary procedures, offering in the second part a didactic twin case to illustrate the risks of management based on special legislation. Warning: the practical case is a hypothetical didactic reconstruction and does not correspond to the real affair nor does it anticipate its outcome; the analysis is based exclusively on the regulations and orientations referred to and constitutes general legal information, not legal advice.
In brief
This article analyzes the application of special legislation to strategic infrastructure, examining the role of Extraordinary Commissioners and the power to derogate from the Public Contracts Code. Starting from the inquiries involving Anas and the Strait of Messina Bridge, it delves into the constitutional limits of provision-laws (leggi-provvedimento) and the risks of infiltration resulting from reduced oversight. A twin case is presented to outline the potential criminal and accounting liabilities of entities acting under regulatory derogations.
The facts
Recent news has highlighted two main strands regarding the management of major works. According to reports from Il Sole 24 Ore and Ingenio, the so-called Bridge Decree (D.L. 35/2023) reactivated the iter for the link between Sicily and Calabria by legislatively shielding the 2011 contracts. Following political complaints, the Rome Prosecutor's Office opened an exploratory file to verify the lawfulness of the contractual reactivation without a new tender.
Simultaneously, as reported by La Repubblica and Corriere della Sera, the Anas inquiry involved Tommaso Verdini and other consultants, investigated for corruption and unlawful trafficking of influence. According to the prosecution's hypothesis, the group allegedly attempted to influence the appointment of Extraordinary Commissioners and the drafting of derogation rules to favor specific companies in public tenders. Currently, the Anas proceeding is in the preliminary investigation phase, with certain precautionary measures confirmed by the Review Court.
Legal framework
The regulatory core lies in Art. 4 of D.L. 32/2019 (the so-called Sblocca Cantieri), which allows the appointment of Commissioners with powers to derogate from any statutory provision other than criminal law and EU obligations. This power clashes with D.Lgs. 36/2023 (Public Contracts Code), which regulates ordinary procurement procedures.
An insurmountable limit is established by D.Lgs. 159/2011 (Anti-Mafia Code), whose checks remain mandatory. Finally, D.L. 44/2023 restricted the concurrent control of the Court of Auditors on PNRR works and major commissions, reducing ongoing oversight and shifting any assessment of financial damage to a phase following the completion of the works.
Jurisprudential trends
Constitutional jurisprudence has clarified that the use of provision-laws is legitimate only under extraordinary and urgent conditions, provided it does not violate the principles of reasonableness and equality. However, accounting judges have expressed concern that the commissioner system might become the rule rather than the exception, effectively eroding competition guarantees.
Administrative courts, for their part, have reiterated that derogations granted to Commissioners must be interpreted restrictively: they can never justify violating general EU Treaty principles, such as equal treatment among economic operators and transparency.
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What it teaches professionals
1. Regulatory monitoring: Lawyers must pay close attention to the genesis of special rules, as their constitutional illegitimacy can cascade and invalidate all subsequent administrative acts.
2. Compliance and advice: Companies participating in commissioned projects must adopt strict legality protocols to prevent informal contacts with public administration from being interpreted as trafficking of influence.
3. Third-party protection: For excluded competitors, challenging a provision-law before the Regional Administrative Court presents significant hurdles; it is therefore necessary to prompt a constitutional challenge or file a report with ANAC.
References: D.L. 32/2019D.Lgs. 36/2023D.Lgs. 159/2011D.L. 44/2023Art. 323 c.p.Art. 353 c.p.
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Frequently asked questions
What are the risks for those attempting to influence the drafting of a law?
If the influence occurs through the promise or gift of money or other benefits to a public official, it may constitute corruption or illicit trafficking of influence, punishable by imprisonment.
Can an Extraordinary Commissioner derogate from any law?
No. Derogations can never concern criminal law, Anti-Mafia Code principles, or constraints deriving from the European legal system (transparency and competition).
How does the statute of limitations work in these complex cases?
The statute of limitations for crimes against public administration follows ordinary terms but is suspended or interrupted by typical investigative acts; however, the complexity of the investigations can significantly lengthen trial times.
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