PUBLIC CONTRACTS LAW

The Course is an optional course of the LL.M in Public Organisation Governance.
The course aims to analyse the most common types of contracts used by the Public Administration, above all, the public tender agreement.
Particular attention will be given to the conclusion of the agreement (also with reference to e-public calls for tender), given the peculiarities of the relations between private and public operators of the sector and the legal framework which is still under review by the legislator.

1. Knowledge and understanding
1.1 Knowledge of the multilevel legal system which governs the public procurements and contractual system
1.2 Knowledge of the typical contracts most used by the Public Administration. Knowledge of the elements characterising the formation and governance of public contracts.
1.3 Understand the peculiarities characterising the relationship between private operators and Public Administration when entering into contract, in order to understand the reason of a specific regulation.

2. Ability to apply knowledge and understanding
2.1 Ability to find the legal system and source of law applicable to a certain situation.
2.2 Ability to find the legal provisions and contracts suitable for a certain situation regarding different economic actors of the sector.
2.3 Once acquired the knowledge of the legal institutions, be able to determine which one finds application on a certain contractual relationship.

3. Judgment
3.1 Being able to interpret legal provisions.
3.2 Being able to identify, distinguish, relate different principles and legal provisions belonging to different sources of law.
3.3 Facing a hypothetical conflict o private relationship, finding the provisions or the institutions to solve or manage the situation.

None prerequisite is it necessary

• The Hierarchy of legal sources
• The contract between private and public operators
• Public Administration and principle of free competition
• The Code of Public Procurements as sector-specific code
• The “ANAC”
• Subjective and objective standards of the relevant legislation
• Objective field of application: public tender and public licensing arrangements
• The public call for tender. Contract below and above threshold
• The “Mepa”.
• The stipulation and the performance of the contract
• Public Administration liability
.The PNRR and the simplification process in the 2021/2022

This issue has been subject to several legislative updates. Mandatory readings and test books will be presented by the professor during the lectures.
The book is the following:
Ruggiero Dipace, Manuale dei contratti pubblici, Giappichelli, Torino, 2021, last edition updated. Following parts excluded:
Cap.2, parr.3-7
-Cap.3 (whole)
-Cap.10 (whole)
Student are suggested to read the Codice dei contratti pubblici - Decreto legislativo 18 aprile 2016, n. 50 - updated version (on line)

Oral examination.
During the lecture period, students may be asked to research specific topics autonomously.
These activities may be finalised to give in-class presentations, by one or more students together.

The Course is mainly structured in several frontal lessons. In addition, some extra-lessons will be structured in a seminar form focusing on topics of particular interest and complexity.

Italian

Further information will be available on the e-learning platform (Moodle)

oral