Public Procurement Law

A.Y. 2021/2022
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..).
Course syllabus and organization

Single session

Lesson period
Third trimester
More specific information on the delivery modes of training activities for academic year 2021/22 will be provided over the coming months, based on the evolution of the public health situation.
The lessons will take place on Microsoft Teams in synchronous mode, at established times, and will be recorded and available on the platform itself in asynchronous mode. Information on how to access Microsoft Teams lessons and other teaching instructions will be uploaded to the course's ARIEL site.
Taking into account the evolution of the epidemic and compliance with the relevant regulations, if it should be possible to carry out activities in the classroom, students will be informed through ARIEL. The course will alternate different teaching techniques: lectures, seminar method, analysis of legal materials and solution of cases. Lessons may also include pre-recorded materials.
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
The lessons will take place on Microsoft Teams in synchronous mode, at established times, and will be recorded and available on the platform itself in asynchronous mode. Information on how to access Microsoft Teams lessons and other teaching instructions will be uploaded to the course's ARIEL site.
Taking into account the evolution of the epidemic and compliance with the relevant regulations, if it should be possible to carry out activities in the classroom, students will be informed through ARIEL. The course will alternate different teaching techniques: lectures, seminar method, analysis of legal materials and solution of cases. Lessons may also include pre-recorded materials.
Teaching Resources
For attending students:
1) A. Botto - S. Castrovinci Zenna, Diritto e regolazione dei contratti pubblici, Giappichelli 2020 (Chapters I, II, VI).
2) Teaching documents in the website ARIEL relating to Course (judgments of Courts, rules, slides,...)
For non attending students:
1) A. Botto - S. Castrovinci Zenna, Diritto e regolazione dei contratti pubblici, Giappichelli 2020 (Chapters from I to VII)
2) Teaching documents in the website ARIEL relating to Course (only the file named "codice dei contratti pubblici commentato.docx", in the reserved sub-space "NORME CODICE DEI CONTRATTI PUBBLICI", this last, posted in the reserved space "PER L'ESAME: STUDIO DELLE NORME CONTENUTE NELLA PRESENTE SEZIONE + FILE CONTENUTI NELLA SEZIONE "LEZIONI E MATERIALI DIDATTICI"")
Assessment methods and Criteria
The exam will take place in oral form using the Microsoft Teams platform or, where the regulations allow it, in presence, always in oral form.
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