LAW AND REGULATION OF PUBLIC CONTRACTS

LAW AND REGULATION OF PUBLIC CONTRACTS

Alessandro Botto, Marco Macchia

Instructional goals

The course is designed to provide students with a basic knowledge and understanding of the main framework of the public procurement law.

Intended learning outcomes

Knowledge and understanding: the student – through course attendance and practical activities – will gain full knowledge of the general categories of public procurement law and concepts of the Legislative Decree no. 50/2016 (concerning the Italian Public Procurement Code), also in the light of the supranational regulatory framework provided for by European Directives no. 23/2014, 24/2014 and 25/2014. At the end of the course there will be an oral exam, by means of which both the understanding of the main rules that regulate public procurement law and the student’s ability to apply them to concrete cases will be assessed . Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of public procurement law. The student will be able to compare these principles with those established at the supranational level by European Union.At the end of the course there will be an oral exam, by means of which both the understanding of the main rules that regulate public procurement law and the student’s ability to apply them to concrete cases will be assessed . Making judgements: The student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to public procurement law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases, analyzed both during the course and during the final oral assessment. Communication skills: At the end of the course the student will be able to use the legal and technical vocabulary of public procurement law, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion, oral exams, analysis of practical cases, testimonies of practitioners and experts in the relevant field of law – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career. Learning skills: the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to public procurement law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.

Course Contents

Introduction to national and EU public procurement law. General principles and main institutes of public procurement law.

Reference Books

A. Botto - S. Castrovinci Zenna, Diritto e Regolazione dei Contratti Pubblici, Giappichelli, 2020. Specific reading materials and case law will be advised and made available during the course for each theme and topic. Being updated

Teaching Methods

Lectures, discussion where possible and critical study of relevant case-law.

Assessment Method

During the oral exam the student will be required to show that he/she knows and understands notions and principles of public procurement law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of public procurement law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: (a) knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (40%); (b) appropriate use of the technical and legal vocabulary (20%); (c) ability to analyse and evaluate relevant sources and acquisition of the study method (10%); (d) legal reasoning skills based on the principles acquired and aimed at demonstrating the understanding of the subject matter (30%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.

Thesis assignment criteria

Subjects of final papers will be assigned with regard to issues carrying specific relevance in the current in the current academic environment. To be agreed with the students, according to their areas of interest.

Week 1

General introduction. Chapter I

Week 2

Chapters I and II.

Week 3

Law and economics applied to public procurement law. Teaching materials provided to the students.

Week 4

Chapter III

Week 5

Chapter III

Week 6

Chapter VI

Week 7

Chapter V

Week 8

Chapter IV

Week 9

Chapter VIII

Week 10

Chapter IX

Week 11

Green public procurement. Teaching materials provided to the students

Week 12

Chapter X. General discussion. mock trial