A - Knowledge and understanding: to learn the reasons and functions of PPPs; analysis of a precise legal definition; to deepen the most critical issues regarding the instrument; to study the necessity of PPP in light of the principle of sustainable development B - Applying knowledge and understanding: application of specific knowledge on PPP in different sectors, e.g. transport, infrastructures, cultural heritage, human rights, energy, etc. C - Making judgements: to critically read documents, contracts and comprehend complex PPP operations D - Communication: expressing linear and organized legal reasoning on PPP and sustainable development E - Lifelong learning skills: to understand the value of cooperation between public and private subjects and to read the subdivision of gains, risks and losses in a PPP
At the end of the course, students will be divided into groups on the basis of their number and asked to prepare and present an imagined example of PPP. Each project will be discussed under two different perspectives: the one of the private subject and the one of the public administrations. For any presentation of a project, from the side of the private operators, the rest of the class will act as a public administration, whose task will be to consider and evaluate the project.
Presentation of the course and introduction to PPP - Seeking a juridical definition of PPP - Analysis of the most common assertions of the doctrine and of the existing definitions - Deepening the concept of "public interest" - The swift of the "public interest" in light of PPP - The role of private initiatives in PPP - Governing common goods - Analysis of practical cases - Student presentations− T. STRANGE - A. BAYLEY, Sustainable development- Linking economy, society, environment, OECD publications, 2008; see Ch. 7, Government and Civil Society, pp. 114 ss.
Informazioni sul programma
Both the UN 2030 Sustainable Development Goals and the European Union 2020 Growth Strategy consider Public Private Partnership (PPP) - i.e. contractual agreements between governments and private sector - as one of the key-elements to achieve efficiency, economic growth, social equity and environmental protection. Indeed, PPP is a fundamental resource for sustainable development, as it mobilizes private sector resources - technical, managerial, and financial - to deliver essential public services and to pursue public interests. Examples of infrastructure projects (such as roads, railways, power generation and water and waste treatment facilities) and of social projects (such as social housing or education) has increasingly spread in the last decade throughout Europe and, more generally, around the World. The course aims at analysing the described phenomenon, providing participants with a general understanding of PPP and focuses on its definition, its possible forms (institutional and contractual) and on the dynamics incurring between the public and private interests involved. Concrete examples of PPPs will be considered, in order to enhance the comprehension of the applicative issues related to the model (including, for instance, the assessment of responsibilities, the management of public goods and the presence of possible conflicts of interest) and to detect best practices and effective methods to reach sustainable growth.
Materiale didattico e bibliografia
− R.E. FLATHMAN, The public interest, New York, 1966, ch. 4, 5 − M. FRIEDMAN, Capitalism and freedom, Chicago-London, 2002, chapters 2, 8; − S. VALAGUZZA, Sustainable development in public contracts, Napoli, 2016, chapters 1, 5.