The first three principles-also called "super principles"-have foundational value for all the other provisions of the code; while the others (Art. 5 - 11) have more preceptive value.
Article 2, titled "Principle of Trust," which is linked to Article 1 ("Result Principle"), requires Economic Operators to have confidence in contracting stations. In other words, arriving at a result requires "trusting" the Administration and its choices.
For this reason, contracting stations must be given maximum discretion in order to make procurement faster, thus trying to overcome past problems related to "fear of signature" or "defensive bureaucracy."
Turning to the jurisprudential review, it should be noted that recently the Administrative Court for Sicily - Catania detached section, ruling no. 478/2024, has endorsed this approach: indeed, the intention of the legislator to enhance the decision-making autonomy of public officials, in order to reach the best possible result, is confirmed.
However, the discretion of the Public Administration is not unlimited, but becomes reviewable in cases of manifest illogicality and reasonableness, or when the basis was a decisive error of fact.

In particular, in the judgment just passed, the Judges found the appeal brought by the economic operator who came second in the tender to be well-founded, given that "the broadening of the contracting authority's evaluative powers cannot, in the opinion of the College, imply that it can make manifestly illogical or unreasonable choices, where the latter, as is considered to have happened in the tender in question, determine the risk of not obtaining the best possible result, and, therefore, of damaging the public interest underlying the call for a tender procedure" (TAR Sicilia, sezione staccata di Catania, Sezione III, no. 478 /2024).
The virtuous choice must be made by ensuring the best possible relationship between quality and price, as well as satisfying the public interest that the Administration must aim for.

For further study:
-TAR SICILIA, detached section of Catania, Section III, no. 478/2024.

D. Lgs. No. 184/2023: the insurance obligation and private areas

The main revolution introduced concerns precisely the expansion of the insurance obligation (amendment Art. 122 of the Private Insurance Code Decree 209-2005), which now also includes the circulation and parking of vehicles in all private areas, with the exception of specific situations. Specifically, regardless of the public or private area on which they are used, the following are subject to the obligation of RCA insurance:

- Any motor vehicle propelled solely by mechanical power running on land but not on rails, with a maximum design speed exceeding 25 km/h or a maximum net weight exceeding 25 kg and a maximum design speed exceeding 14 km/h;

- Any trailer intended for use with a vehicle referred to in number 1), regardless of whether it is coupled to it or not;

- The light electric vehicles identified by a special decree of the Minister of Enterprise and Made in Italy and the Minister of Infrastructure and Transportation, in consultation with the Minister of the Interior, to be adopted within ninety days from the date of entry into force of this provision.

The impact of Legislative Decree 184/2023.
This reform also affects Article 122 of the Private Insurance Code (Legislative Decree 209/2005), which governs the obligation to insure motor vehicles. At the moment, the interpretations are not unambiguous, first and foremost those of Confindustria (20-02-2024), which believes that the obligation to take out a motor RCA policy under Legislative Decree No. 184 of November 22, 2023 is sanctioned only for vehicles as means of transportation, with the consequent exclusion of any other vehicle with a different usual function, such as forklifts.
While waiting for the competent authorities to intervene in providing the correct interpretation of the new regulations, considering that any claims involving forklifts or other means of handling complying with the above technical characteristics could be contested by the Company RCT policy (which, as is well known, does not include damages resulting from the circulation of motor vehicles subject to compulsory insurance), with obvious criticality, it is recommended and encouraged to provide for the "mapping" of the vehicles used in the company.

A transition that unites and consolidates the values of the company and the French Group: the visual elements that customers and all stakeholders have come to know and appreciate over time have not been changed but have evolved with the awareness and pride of belonging to a true international entrepreneurial family, specialised in protecting businesses and not only.

With offices in France, Portugal, Switzerland, the UK and now Italy, Verlingue employs 1,350 people, 550 of them internationally, and negotiates premiums of more than 2,350 M€ on behalf of its European clients.

"Protecting today, imagining tomorrow is the claim, the version of Verlingue's slogan that we have chosen for our communication on the Italian territory." says Rossella Carapezzi - Head of the Communication and Quality Division at Inser Spa, “In line with the original concept, the claim best represents our corporate vision, which will be complemented and perfected thanks to this acquisition. Working with a major international group and colleagues from other European offices will allow us to increase our expertise and offer truly innovative solutions in the insurance brokerage market to Italian companies and communities, helping them grow and protect themselves".

Although still in a transitional phase, the construction of the new identity represents an important and crucial moment for Inser, marking the beginning of a new way of relating to the market and to people.  "A model capable of putting the daily needs of the  customer at the centre, but not only that: the company organisation itself is evolving in new directions, in an operation that over time will go far beyond the simple rebranding of the brand", explains Pierpaolo Ruggeri, CEO of Inser Spa "new values to draw on, new ambitions that go beyond the boundaries of territories, new technologies and new proposals for the  markets".

"I am very pleased with the way  we have worked together in this first phase of the brand transition," says Thomas Barbelet - Communication and Marketing Director of the Adelaïde Group, to which Verlingue belongs. "A new era begins today and the next chapter is already underway, with the invaluable collaborations of Inser colleagues whom I thank and in whom I place my trust. I am sure that, together, we will be able to capitalise on our values and the strength of a brand like Verlingue to achieve . sustainable development, full of opportunities, for the benefit of all our customers".

Participation in the CIAB Broker Challenge represents a valuable opportunity for professionals, enabling them to:
- hone their leadership skills;
- Establish new professional connections on an international level;
- foster cooperation and knowledge exchange within the group.

The previous edition saw Verlingue achieve an excellent third place, demonstrating the high competence and strong commitment of its representatives.

We wish Manuel Gentili and the whole team to surpass last year's excellent result, confirming the excellence and dynamism that characterize Verlingue in the international insurance brokerage scene.

An innovative approach to risk management
The proposal of Inser Spa is divided into a series of services that cover every aspect of the insurance process:
1. Risk analysis and assessment: close cooperation with the institution to identify specific insurance needs;
2. Technical and economic analysis: verification of existing insurance cover and benchmarking;
3. Definition of the insurance programme: tailor-made strategies to improve and update insurance contracts;
4. Policy management: selection of insurance companies and technical and administrative management;
5. Assistance in the tender of policies: complete support in the preparation of documents and in the evaluation of offers;
6. Claims Management: assistance from reporting to damage settlement, with an integrated approach;
7. Legal advice: availability of internal lawyers to provide insurance legal advice;
8. Expert advice to protect the Authority: services dedicated to the field of procurement.

Optimisation of self protection clauses in public works contracts
The realization of public works introduces a series of distinct risks, manifested at various stages of the project, including damage during the execution and post-execution of the work, as well as damage to third parties. These risks can have significant repercussions on the client, threatening the financial integrity and image of the Public Administration. Although the Code of Public Contracts provides for a set of safeguards to protect the procuring entity, the ineffective use of such tools may compromise their protective effectiveness.
In this context, Inser Spa has developed an advanced model of advice and support, starting from the analysis of the specific risks of the work, to adequately elaborate the clauses of self-protection. This approach focuses particularly on the scope of CAR (Construction All Risks) and POSTUMA policies, detailing:
For the CAR Policy:
- Damage to the work: specifying sums/ceilings for direct damage, for pre-existing works, and for demolition and clearance costs.
- Liability Damage Section: Introducing specific derogations to overcome standard limitations, adapting coverage to the specific needs of the project.
For the POSTUMA Policy:
- Section damages to the work and to third parties for civil liability: defining specific sums/ceilings and personalized derogations that reflect the peculiarities of the work, going beyond the norms generally recalled in the technical specifications.
This method allows to draw up clear and highly protective technical specifications for the contracting entity, minimizing disputes during the award and signature of the contract, and above all, protecting the client from any possible adverse event, mitigating the risk associated with the implementation of the public work.

A reliable partner for the safety of public authorities
Through a personalized and technically advanced approach, Inser Spa is confirmed as a strategic partner for public authorities, ensuring maximum protection and optimal risk management. The combination of technical skills, experience in the sector and scrupulous attention to the specifics of each customer makes our company the ideal choice for Public Entities looking for reliable and innovative insurance solutions.