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 2021
- Offered
- 2022/23
- Learning activities
- Affine/integrativa
- Area
- Attività formative affini o integrative
- Academic discipline
- IUS/10
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- 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
- The nature of the discipline, subject to continuous regulatory changes, prevents the identification of a reference text well in advance.
At the moment the reference text is Fantini, Simonetti, The bases of the law of public contracts, Giappichelli, 2022, to be integrated with additional materials indicated by the teacher. Attending students will be provided with information, handouts and materials at the start of the lessons; non-attending students are advised to contact the teacher and still check the updated information in Unistudium. - 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, if possible, 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; the NPRR reforms