Incertezze giurisprudenziali in tema di criteri ambientali minimi

The paper examines the main jurisprudential uncertainties—primarily of a procedural nature—concerning Minimum Environmental Criteria (CAM), focusing in particular on the legal consequences of their omission from the tender documentation (lex specialis). Following an overview of the regulatory framework and the rationale behind the adoption of CAM, the author explores conflicting case law positions regarding the obligation to immediately challenge non-compliant tender notices and the substantive effects of failing to include CAM requirements. A systemic and integrated interpretative approach is proposed, aiming to reconcile environmental sustainability goals with the principles of effective judicial protection and sound public administration.