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LAW OF COMPARATIVE PUBLIC CONTRACTS

CODE 104951
ACADEMIC YEAR 2022/2023
CREDITS
  • 6 cfu during the 3nd year of 11161 SCIENZE DELL'AMMINISTRAZIONE E DELLA POLITICA (L-16) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/21
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 1° Semester
    MODULES This unit is a module of:
    TEACHING MATERIALS AULAWEB

    AIMS AND CONTENT

    AIMS AND LEARNING OUTCOMES

    Teaching aims (detail)

    The teaching aims to:

    - introduce to the knowledge of the main institutions of public contract law, retracing its evolution at European and internal level and focusing on the EU-derived principles of competition, equal treatment and transparency;

    - compare the different solutions adopted by the legal systems of the Member States of the European Union in the transposition of the directives on public contracts, in order to highlight similarities and differences, as well as identify possible reform hypotheses that can be replicated in the Italian legal system;

    - acquire the fundamental notions regarding the procedures for awarding contracts and concessions of public services, also on the basis of the study of European and national jurisprudence that has contributed to shaping this discipline;

    - analyze the main open issues and the subject of attempts at reform at European level, in order to understand the various implications underlying the adoption of public procurement policies, in particular as regards the need for simplification, containment of public spending and sustainability;

    - examine the different forms of public-private partnership, highlighting their limits and opportunities.

     

    Expected learning outcomes

    At the end of the course the student shall:

    - know and use the technical-legal language correctly;

    - demonstrate adequate knowledge of the main institutions of public contract law and related sources, starting from the European directives and the Italian code of public contracts, as well as the main judgments pronounced by the Court of Justice on the matter;

    - understand and reconstruct the socio-political reasons that have led to the evolution of the discipline of public contracts at European level and of the objectives pursued by the various cycles of directives that have have been adopted over the last few decades;

    - understand the value implications underlying public procurement policies, in order to develop critical analysis skills of the institutes studied;

    - if necessary, formulate reasoned and motivated suggestions for reform of the discipline examined, in the light of the knowledges and the comparative methodologies acquired.

    TEACHING METHODS

    The teaching includes 36 hours of lessons. The lessons will be mainly frontal, but may also include the textual analysis of normative and jurisprudential texts. The lessons will be held in Italian and will be integrated with slides. In addition, lectures, conferences and conventions on the subject may also be an integral part of the course, which in this case will be reported by the teacher during the course and via AulaWeb.

    Attendance is not compulsory, but there will be a special program for attending students, which will be communicated in class.

    SYLLABUS/CONTENT

    The teaching will be divided into three parts:

    a) in the first part a general introduction will be made on the legal discipline of public contracts, its historical evolution and its guiding principles;

    b) in the second part, some fundamental institutes of public contracts law will be examined, through the analysis of the legislative texts, European and national, and of the main judgments that have contributed to shaping this discipline;

    c) finally, some in-depth analyzes will be carried out on some of the issues subject to hypotheses of reform at national and European level.

    RECOMMENDED READING/BIBLIOGRAPHY

    For non-attending students, the study of the following text is required:

    Stefano Fantini e Hadrian Simonetti, Le basi del diritto dei contratti pubblici, Giuffrè, 2022 (all chapters).

    For attending students, materials in part substitutes for the text indicated above will be indicated in class.

    TEACHERS AND EXAM BOARD

    Exam Board

    LORENZO CUOCOLO (President)

    FRANCESCO GALLARATI

    GIUSEPPE PROFITI (President Substitute)

    LESSONS

    LESSONS START

    Lessons will take place in the first semester, starting in September.

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    The final exam will take place orally.

    For attending students, alternative ways of learning assessment will be indicated in the classroom. 

    ASSESSMENT METHODS

    The exam aims to ascertain first of all: knowledge of the topics covered in the course, the adequacy of the expository order, the mastery of legal technical language.

    Exam schedule

    Date Time Location Type Notes
    13/12/2022 09:30 GENOVA Orale
    10/01/2023 09:30 GENOVA Orale
    31/01/2023 09:30 GENOVA Orale
    30/05/2023 09:30 GENOVA Orale
    20/06/2023 09:30 GENOVA Orale
    04/07/2023 09:30 GENOVA Orale
    12/09/2023 09:30 GENOVA Orale

    FURTHER INFORMATION

    Students with SLD, disability or other certified special educational needs are advised to contact both the referent Prof. Aristide Canepa (aristide.canepa@unige.it), and the teacher, at the beginning of the course, to agree on teaching methods. and examinations that, in compliance with the teaching objectives, take into account individual learning methods and provide suitable ones
    compensatory instruments ".

    For further information see: https://unige.it/disabilita-dsa/studenti-disabilita-informazioni-utili