Public Procurement Law

A.Y. 2019/2020
6
Max ECTS
40
Overall hours
SSD
IUS/10
Language
Italian
Learning objectives
The course aims to provide students with the knowledge of the principles and of the rules governing the law of public procurement. The students will be provided with the tools needed to analyze critically the judgments of both national and European jurisprudence.
The course aims to provide students the tools necessary to resolve practical cases that may emerge in the performance of the tender procedures, in order to prepare them to operate and work both in the organization of a Public Administration or in the organizational context of private Companies which participate in public tender procedures.
Expected learning outcomes
The student is required to learn the principles and the rules contained in D.lgs. 18 aprile 2016 n. 50 governing public contract law. It is also required that the student be able to analyse practical cases by using the concepts learned. In this regard, teaching materials may be used during the examination (for example, judgments of Courts, calls for public tenders, etc..).
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Lesson period
Third trimester
Course syllabus
The program concerns: the Public Contracts Code (Dl.gs. April 18, 2016 No. 50 and subsequent amendments and additions), the European directives on public procurement (the 2014/24 / EU procurement directive public in the so-called "ordinary sectors", the 2014/25 / EU procurement directive in the so-called "special sectors"), as well as jurisprudential and doctrinal considerations referring to the aforementioned rules.
In particular, the topics covered are: concessions and contracts, different types of public contracts (works, services and supplies), objective and subjective application of the Code of contracts, reasons for exclusion from the public tender, the different types of tender procedures, evaluation criteria of the offers, e.procurement and centralization of public procurement.
Prerequisites for admission
Prerequisites for admission: Public Law
Teaching methods
Frontal lessons: explanation and analysis of the principles and rules of public contract law, analysis of practical cases with the aid of didactic material (rules, judgments of Courts, calls for public tenders, etc.)
Teaching Resources
For attending students:
1. F. Mastragostino (a cura di), Diritto dei contratti pubblici, G. Giappichelli, 2019 (Chapters 1, 3, 4).
2. Teaching documents in the website ARIEL relating to Course (judgments of Courts, rules, slides,...)
For non attending students:
1) F. Mastragostino (a cura di), Diritto dei contratti pubblici, G. Giappichelli, 2019 (Chapters 1, 3, 4, 5, 6 par. 1, 2, 3, Capitolo 8 par. 1, 2, Capitoli 9 e 10).
2) Teaching documents in the website ARIEL relating to Course (only the file named "norme per l'esame" in the reserved space "Norme da studiare per l'esame con commenti e sottolineature").
Assessment methods and Criteria
Oral exam. In particular, the student will be required to answer open questions in relation to the rules and principles contained in Legislative Decree April 18, 2016 n. 50. In this part of the exam, the understanding of the rules and the appropriateness of language will be evaluated. The student will also be asked to discuss and analyze supporting material (rules, judgments of Courts, call for public tenders, etc.) made available during the exam. In this latter part the reasoning ability will be evaluated.
The grades are on a scale of 30.
IUS/10 - ADMINISTRATIVE LAW - University credits: 6
Lessons: 40 hours
Shifts: