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LAW OF CONTRACTS AND PUBLIC SERVICES

Academic year and teacher
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Versione italiana
Academic year
2022/2023
Teacher
MARCO LUIGI ANTONIOLI
Credits
7
Curriculum
Politiche e performance pubbliche
Didactic period
Primo Semestre
SSD
IUS/10

Training objectives

Course's objectives: to obtain an adequate knowledge of the fundamental principles and concepts regarding contracts of the contracting authorities (procurement and public concessions); to study phases of the public procurement procedures for the award of public works contracts, public supply contracts and public service contracts. To obtain an adequate knowledge of the fundamental rules concerning the public utilities and of the rules concerning public participation companies (with particular reference to the "in house" providing companies), which are entrusted by local authorities and the public-private partnership initiative.

Prerequisites

A basic knowledge of the italian Constitution and of the sources of law system.

Course programme

The content of the Course:
General legal aspects of public contracts; the phases of the procedure for the award of public contracts; the rules concerning the phases of the procedures for the award of public works contracts, public supply contracts and public service contracts (see Public contracts' Code); innovation and sustainability of public contracts; general legal aspects concerning the delivery of public services. The legislative decree no. 175/2016 concerning the public shareholdings in private companies.

Didactic methods

Teaching method: the lecturers – which will be conducted entirely at a distance (streaming) – will concern all the subject matters of the Course; during the Course the lecturer will point out the different positions of legal scholars and the courts. Some topics of the course programme will be deepened through the reading and discussions of some of the highest Courts' decisions. Practical exercises and/or group assignments may be scheduled to examine case studies.

Learning assessment procedures

oral examination (attending or non-attending students)
For attending students: there may be midterm examination tests (written exam; individual written reports and/or group working papers) which, if successfully passed, may count toward the final exam.

Reference texts

Reference books for attending students: materials will be pointed to students at the beginning of the course. The materials will be focus on Course topics, concerning the EU and domestic legislation on the procedures for the award of public contracts and its transposition into national legislation. Materials will also cover the regulation of public companies. Judgements of the European Court of Justice and national Courts will be pointed to student.
For non attending students: Manuale dei contratti pubblici, R. DIPACE, Giappichelli, Torino, 2021. In addition, the material made available on the Course Classroom.