Unit Public Procurement
- Course
- Politics, administration, territory
- Study-unit Code
- A001478
- Curriculum
- Scienze dell'amministrazione
- Teacher
- Enrico Carloni
- Teachers
-
- Enrico Carloni
- Hours
- 42 ore - Enrico Carloni
- CFU
- 6
- Course Regulation
- Coorte 2020
- Offered
- 2021/22
- Learning activities
- Affine/integrativa
- Area
- Attività formative affini o integrative
- Academic discipline
- IUS/10
- Type of study-unit
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian.
Italian. For foreign students, study texts in English may be provided - Contents
- The course analyzes the system and discipline of public contracts in a theoretical and practical perspective
- Reference texts
- For attending students, bibliographical indications, lecture notes and study materials will be indicated at the beginning of the lessons (in the second semester). For non-attending students, the study of:Le basi del diritto dei contratti pubblici, by Stefano Fantini, Hadrian Simonetti, Milano, Giuffré, 2019; to be integrated with M. Corradino, L'Italia immobile, Milano, 2021. Given the constant changes affecting the subject, it is advisable in any case to contact the teacher before starting the study..
- Educational objectives
- The course aims to provide students with the ability to deal with the main legal and operational issues related to the management of public contracts
- Prerequisites
- Knowledge of administrative law (substantive and with elements relating to protection against the p.a.) allows a better use of the course while not constituting a legal prerequisite
- Teaching methods
- Frontal lessons, seminars also with the intervention of experts, integrated by practical-operational activities related to specific cases
- Other information
- It is recommended to follow the course page in "Unistudium" for further indications and updates
- Learning verification modality
- Oral exam for non-attending students. Oral exam on parts of the program, to be integrated with individual and / or group work, also with ongoing evaluations for attending students
- Extended program
- THE HISTORICAL EVENT OF PUBLIC CONTRACTS
Procedure and contract. Public and private; The birth of public evidence. Regulatory sources; Theories and practices of public evidence; Concessions between ideology and economics; The first community directives and the protection of competition; The transposition of directives by national sources: from Merloni to the De Lise Code and beyond; Public contracts, legality and control of public expenditure; Public contracts and antitrust; The 2014 directives and their transposition with the new 2016 contract code; The open construction site of public contracts; Subsequent reforms: adjustments and changes in "philosophy". The d.l. "Unlock construction sites"
TYPES OF PUBLIC CONTRACTS, "CONTRACTING PARTIES" AND CONTRACTING PARTIES
The public contract and the public evidence procedure; Private autonomy and the ability of the administration under private law; The various types of public procurement; Concessions of works and public services; Additional forms of contractual public-private partnership; The contracts excluded; Contracts below threshold; The contracting entities; The centralization and qualification of the contracting stations; The contractual counterparties of the Administrations
THE CONTRACTOR'S CHOICE PROCEDURE
The planning and design of public contracts; The public evidence procedure and its phases; The sole responsible for the procedure and access to tender documents; Conflicts of interest; The modalities of choice of the contractor; The award criteria; The anomaly of the offer; The general requirements of the competitors, or "the reasons for exclusion"; The special qualification requirements, or the "selection criteria"; The investigative rescue power; The availment; The conclusion of the contract; Self-protection in public evidence proceedings; EXECUTION OF THE CONTRACT
After the contract: rights and powers in the execution phase; Process manager and construction manager; From the delivery of the works to the testing; The objective modifications of the contract. Variations in progress; It follows. The price review; Subjective changes. Subcontracting; The contingencies and the early termination of the contract. Withdrawal and termination; Renegotiation; The reserves and alternative remedies to jurisdiction during the execution of the contract
THE CONTENTIOUS AND THE "GOVERNANCE"
Jurisdiction; The effectiveness of the protection in the jurisprudence of the Court of Justice and in the directives appeals; The special rite and the precautionary protection; The appeal of the ANAC documents: the pre-litigation opinion and the binding recommendations; The possible actions: protection in a specific form; The ineffectiveness of the contract and alternative sanctions; Equivalent protection; Main types of liability and items of compensable damage; Powers role and functions of ANAC in the matter of public contracts; Responsibility and "defensive administration" in the field of public contracts
THE REFORMS
The solicitations for reforms, between impartiality and efficiency; The CD. "Genoa model" and emergency contracts