Teaching code

4S009858

Academic staff

Jacopo Bercelli, Stefano Colombari

Coordinator

Jacopo Bercelli

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/10 - ADMINISTRATIVE LAW

Period

1° periodo lezioni (1B) dal Nov 5, 2025 al Dec 17, 2025.

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

Having taken and passed the Administrative Law exam

Program

The evolution of public procurement law The purposes of public contracts, between primary and secondary interests. Focus on: sustainable development The qualification of contracting authorities and the digitalisation of the contract life cycle Contracts below the threshold: simplified procedures and the rotation principle Contracts above the threshold: the planning and design phases. Focus on: public debate The call for tenders and its challengeability Ordinary procurement procedures Negotiated procurement procedures. Case law analysis of the limits to the use of procedures without a call for tenders The division into lots. Subcontracting and RTI General and special participation requirements Instructional assistance and self-cleaning Award criteria, evaluation and anomaly of the offer Awarding and signing of the contract. The stand still period and the judge's powers on the ineffectiveness of the contract The role of ANAC. Pre-litigation and legitimacy to act Pre-contractual liability The subjects of the executive phase. Subcontracting, suspension and extension Changes in progress of execution. Focus on: Renegotiation and price review Resolution and withdrawal Testing and verification of conformity Payments Public-private partnership and concessions

Bibliography

Didactic methods

Frontal lesson with case study approach

Learning assessment procedures

Oral only. The oral exam is functional to ascertain a critical knowledge of the institutions of public contract law, as well as the ability to study its evolution through direct access and understanding of the rulings of the TAR and the Council of State.

Evaluation criteria

The test is aimed at verifying the knowledge of the fundamental notions and institutions of public contract law, as well as to present, with technically adequate vocabulary, the legal problems emerging in relation to certain institutions. The evaluation is expressed in thirtieths.

Criteria for the composition of the final grade

Knowledge and understanding of the subject matter under examination, from a regulatory, doctrinal, and jurisprudential perspective. Analytical and argumentative skills. Oral presentation and argumentative skills. Critical analysis skills.

Exam language

italiano