Economics, Government and Administration | PUBLIC ADMINISTRATION CONTRACTS

cod. 0223100014

PUBLIC ADMINISTRATION CONTRACTS

	0223100014
	DIPARTIMENTO DI SCIENZE ECONOMICHE E STATISTICHE
	EQF7
	'ECONOMICS, GOVERNMENT AND ADMINISTRATION'
	2020/2021

CURRICULUM GOVERNMENT AND ADMINISTRATION

	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2018
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/01	6	40	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL LEARN THE BASICS OF THE DISCIPLINE OF PUBLIC CONTRACTS. HE WILL KNOW THE PRINCIPLES AND RULES GOVERNING PUBLIC CONTRACTS ALSO BY ANALYZING CASES LAW WITH A CRITIC APPROACH. THE STUDENT WILL ACQUIRE CRITICAL CAPACITY THROUGH THE CONCEPTUAL TOOLS THAT ARE FUNCTIONAL TO LEARNING. PARTICULAR ATTENTION WILL BE GIVEN TO THE FUNDAMENTAL CONCEPTS CONCERNING PUBLIC CONTRACTS. ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL BE ABLE TO INTERPRET NORMATIVE TEXTS, APPLY LEGAL KNOWLEDGE TO CONCRETE SITUATIONS, HYPOTHESIZE THE LEGAL CONSEQUENCES OF DIFFERENT BEHAVIORS OF PUBLIC CONTRACTS. HE WILL BE ABLE TO QUALIFY THE CASE BY IDENTIFYING THE APPLICABLE RULE TO THE CONCRETE LEGAL RELATIONSHIPS; HE WILL HAVE THE NECESSARY CRITICAL SENSE TO UNDERSTAND LEGISLATIVE AND MARKET CHOICES. STUDENTS WILL HAVE THE CAPACITY TO REPRESENT AND DISCUSS EFFECTIVELY THE RESULTS OF THEIR WORK, USING LITERATURE AND NATIONAL AND INTERNATIONAL ON-LINE DATABASES.

KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL LEARN THE BASICS OF THE DISCIPLINE OF PUBLIC CONTRACTS. HE WILL KNOW THE PRINCIPLES AND RULES GOVERNING PUBLIC CONTRACTS ALSO BY ANALYZING CASES LAW WITH A CRITIC APPROACH. THE STUDENT WILL ACQUIRE CRITICAL CAPACITY THROUGH THE CONCEPTUAL TOOLS THAT ARE FUNCTIONAL TO LEARNING. PARTICULAR ATTENTION WILL BE GIVEN TO THE FUNDAMENTAL CONCEPTS CONCERNING PUBLIC CONTRACTS.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING. THE STUDENT WILL BE ABLE TO INTERPRET NORMATIVE TEXTS, APPLY LEGAL KNOWLEDGE TO CONCRETE SITUATIONS, HYPOTHESIZE THE LEGAL CONSEQUENCES OF DIFFERENT BEHAVIORS OF PUBLIC CONTRACTS. HE WILL BE ABLE TO QUALIFY THE CASE BY IDENTIFYING THE APPLICABLE RULE TO THE CONCRETE LEGAL RELATIONSHIPS; HE WILL HAVE THE NECESSARY CRITICAL SENSE TO UNDERSTAND LEGISLATIVE AND MARKET CHOICES. STUDENTS WILL HAVE THE CAPACITY TO REPRESENT AND DISCUSS EFFECTIVELY THE RESULTS OF THEIR WORK, USING LITERATURE AND NATIONAL AND INTERNATIONAL ON-LINE DATABASES.

	Prerequisites
	THE PROGRAM HAS BEEN DRAWN UP IN COORDINATION WITH PROGRAMS OF OTHER LEGAL, ECONOMIC AND BUSINESS SUBJECTS

	Contents
	- ADMINISTRATIVE CONTRACTS BETWEEN NATIONAL AND EUROPEAN LAW (4 HOURS) - GUARANTEE ACTIVITY IN THE ADMINISTRATIVE CONTRACTS SECTOR BETWEEN REGULATION, SURVEILLANCE AND PREVENTION POLICIES (2 HOURS) - SUBJECTIVE FIELD OF APPLICATION (2 HOURS) - OBJECTIVE FIELD OF APPLICATION (2 HOURS) - IN HOUSE PROVIDING (2 HOURS) - PUBLIC-PRIVATE PARTNERSHIPS AND CONCESSION CONTRACTS IN NATIONAL AND EUROPEAN LAW (4 HOURS) - HORIZONTAL SUBSIDIARITY INTERVENTIONS AND ADMINISTRATIVE BARTER (4 HOURS) - THE GENERAL CONTRACTOR (4 HOURS) - THE PRINCIPLES RELATING TO THE ORGANIZATIONAL MODEL OF CONTRACTING AUTHORITIES. THE PRINCIPLE OF TRANSPARENCY AND THE RIGHT OF ACCESS (4 HOURS) - THE PROGRAMMING AND PLANNING PHASES (4 HOURS) - THE PUBLIC EVIDENCE PROCEDURE AND THE PROCEDURES RELATING TO THE CHOICE OF CONTRACTOR. TENDERS SELECTION AND CONTRACTING AUTHORITY LIABILITY (4 HOURS) - DISPUTE RESOLUTION (4 HOURS)

Contents

- ADMINISTRATIVE CONTRACTS BETWEEN NATIONAL AND EUROPEAN LAW (4 HOURS)
- GUARANTEE ACTIVITY IN THE ADMINISTRATIVE CONTRACTS SECTOR BETWEEN REGULATION, SURVEILLANCE AND PREVENTION POLICIES (2 HOURS)
- SUBJECTIVE FIELD OF APPLICATION (2 HOURS)
- OBJECTIVE FIELD OF APPLICATION (2 HOURS)
- IN HOUSE PROVIDING (2 HOURS)
- PUBLIC-PRIVATE PARTNERSHIPS AND CONCESSION CONTRACTS IN NATIONAL AND EUROPEAN LAW (4 HOURS)
- HORIZONTAL SUBSIDIARITY INTERVENTIONS AND ADMINISTRATIVE BARTER (4 HOURS)
- THE GENERAL CONTRACTOR (4 HOURS)
- THE PRINCIPLES RELATING TO THE ORGANIZATIONAL MODEL OF CONTRACTING AUTHORITIES. THE PRINCIPLE OF TRANSPARENCY AND THE RIGHT OF ACCESS (4 HOURS)
- THE PROGRAMMING AND PLANNING PHASES (4 HOURS)
- THE PUBLIC EVIDENCE PROCEDURE AND THE PROCEDURES RELATING TO THE CHOICE OF CONTRACTOR. TENDERS SELECTION AND CONTRACTING AUTHORITY LIABILITY (4 HOURS)
- DISPUTE RESOLUTION (4 HOURS)

	Teaching Methods
	LECTURES, SEMINARS, EXERCISES AND DISCUSSION ON CASE LAW

	Verification of learning
	THE ACHIEVEMENT OF LEARNING GOALS IS ASSESSED BY AN EXAM GRADED ON A SCALE OF 30. THE EXAM INCLUDES AN ORAL ASSESSMENT WHICH CONSISTS OF 6 OPEN QUESTIONS ON TOPICS INDICATED BY THE TEACHER. THE ORAL ASSESSMENT PURSUES THE GOAL OF EVALUATING THE LEVEL OF UNDERSTANDING AND KNOWLEDGE ACHIEVED BY THE STUDENT ON THE TOPICS INDICATED IN THE STUDY PROGRAMME, THE AWARENESS OF METHODOLOGICAL INSTRUMENTS AND THE CAPACITY OF APPLYING KNOWLEDGE TO SOLVE THEORETICAL AND PRACTICAL PROBLEMS. THE ORAL ASSESSMENT SHALL TAKE PLACE ON THE DATES INDICATED IN THE OFFICIAL EXAMS DIARY AND HAVE AN AVERAGE DURATION OF 30 MINUTES. IN THE ORAL ASSESSMENT 1 TO 5 POINTS SHALL BE GIVEN TO ANY OF THE 6 EXAM QUESTIONS FOR A TOTAL OF 30 POINTS, ALONG THE FOLLOWING GRADING SCALE: SEVERELY POOR; POOR; PASS; GOOD; VERY GOOD. THE EXAM IS PASSED WITH A MINIMUM GRADE OF 18 OUT OF 30.

Verification of learning

THE ACHIEVEMENT OF LEARNING GOALS IS ASSESSED BY AN EXAM GRADED ON A SCALE OF 30. THE EXAM INCLUDES AN ORAL ASSESSMENT WHICH CONSISTS OF 6 OPEN QUESTIONS ON TOPICS INDICATED BY THE TEACHER. THE ORAL ASSESSMENT PURSUES THE GOAL OF EVALUATING THE LEVEL OF UNDERSTANDING AND KNOWLEDGE ACHIEVED BY THE STUDENT ON THE TOPICS INDICATED IN THE STUDY PROGRAMME, THE AWARENESS OF METHODOLOGICAL INSTRUMENTS AND THE CAPACITY OF APPLYING KNOWLEDGE TO SOLVE THEORETICAL AND PRACTICAL PROBLEMS. THE ORAL ASSESSMENT SHALL TAKE PLACE ON THE DATES INDICATED IN THE OFFICIAL EXAMS DIARY AND HAVE AN AVERAGE DURATION OF 30 MINUTES. IN THE ORAL ASSESSMENT 1 TO 5 POINTS SHALL BE GIVEN TO ANY OF THE 6 EXAM QUESTIONS FOR A TOTAL OF 30 POINTS, ALONG THE FOLLOWING GRADING SCALE: SEVERELY POOR; POOR; PASS; GOOD; VERY GOOD. THE EXAM IS PASSED WITH A MINIMUM GRADE OF 18 OUT OF 30.

	Texts
	F. MATRAGOSTINO, DIRITTO DEI CONTRATTI PUBBLICI, GIAPPICHELLI, TORINO, 2017 A. FEDERICO, AUTONOMIA E DISCREZIONALITÀ AMMINISTRATIVA, ESI, NAPOLI, 1999 M. AUDIT E S.W. SCHILL, TRANSNATIONAL LAW OF PUBLIC CONTRACTS, BRUXELLES: BRUYLANT, 2016