Teaching code

4S009858

Teacher

Stefano Colombari

Coordinator

Stefano Colombari

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

2° periodo lezioni (2A) dal Feb 12, 2024 al Mar 22, 2024.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course is intended to provide the student with the knowledge of the basic legal notions regarding public contract law, i.e. the ways in which public administrations conclude and enforce public contracts, with primary attention to the development and evolution of the case law.

At the end of the course, the student will be able to analyse the relevant legal sources, especially the case law, and to elaborate on the legal issues related to the main topics of the subject; to use the appropriate and specific legal jargon; to formulate independent judgments on actual cases, thanks to method that allows a continuous learning and updating of knowledge.

Prerequisites and basic notions

Have passed the administrative law exam

Program

The sources: in particular the EU directives and the Public Contracts Code. The types of public contracts referred to in the Code and EU directives: concessions contracts and procurement. The location of public services. The institutionalized public private partnership. The subjects: the contracting authorities and in particular bodies governed by public law; economic operators. The pooling. The principles underlying the new Public Contracts Code; in particular, the principle of results. The principle of administrative self-organization. The digitalisation of the life cycle of public contracts. The centralization of commissions. Contractor selection procedures and award criteria. The phases of the assignment procedures. Preliminary and procedural assistance. Social clauses and energy and environmental sustainability criteria. Participation requirements and causes of exclusion: the principles of mandatoryity and maximum participation. The selection of offers. The execution of the contract. Litigation and alternative remedies to judicial protection. The powers of the ANAC and the AGCM.

Bibliography

Didactic methods

Lectures

Learning assessment procedures

Oral examination.
For attending students the exam takes place in particular on the cases covered in class.
For non-attending students, the exam concerns the topics of the program as covered in particular in the volume F. Mastragostino and G. Piperata (a cura di), "Diritto dei contratti pubblici", 2024.

Evaluation criteria

The test is aimed at verifying knowledge of the fundamental notions of public contract law as well as the ability to identify solutions to legal problems, to be explained using a technically adequate vocabulary. The evaluation is expressed in thirtieths.
The composition of the vote will result from the following criteria:
• depth and breadth of knowledge gained;
• language skills;
• ability to connect knowledge in a systemic way;
• analytical and argumentative ability.

Criteria for the composition of the final grade

Not expected

Exam language

Italiano