Ateneo - UPO

The course examines public procurement law from a theoretical perspective, highlighting its intersections with the civil law categories of private autonomy. It describes national and European regulatory developments and provides a detailed analysis of the framework established by the current public procurement code.

- R. Di Pace, Manuale dei contratti pubblici, Giappichelli, 2023. - M. Macchia (a cura di) Costruire e acquistare, Giappichelli, 2024.

The course provides the theoretical and practical tools to understand the legal structure of public contracts (procurement and concessions) and the dynamics of the field, viewed as a public expenditure phenomenon, an economic, social, and environmental lever, and an area exposed to corruption risks. Through a critical examination of Legislative Decree no. 36/2023, case law analysis, and the study of administrative procedural law, students will learn to manage the compliance and litigation profiles (fisiologici e patologici) of both the awarding and execution phases of contracts

Knowledge of constitutional law and administrative law"

Traditional lectures accompanied by in-depth readings (2/3 CFU) and student-led research activities (1/3 CFU).

For all information, please contact the Professor and the department staff directly

Dissertation on a paper prepared by the student on a topic assigned by the Professor
The evaluation will follow these criteria:To achieve a passing grade, you must demonstrate knowledge of all the topics covered in the course.
To achieve a satisfactory result (between 18 and 24 out of 30), you must develop your dissertation demonstrating coherent argumentative skills.
To achieve a good or excellent result (between 25 and 30 out of 30, with honors where applicable), you must express yourself with appropriate terminology and phrasing.ERRORS IN ITALIAN MORPHOLOGY OR SYNTAX WILL IN ALL CASES RESULT IN FAILING THE EXAMINATION.

Evolution of the discipline: The "Merloni Law", and the 2006, 2016, and 2023 Codes.

General principles: Overview and introductory remarks.

Core principles: Result, trust, and market access.

Good faith and legitimate expectation; contractual equilibrium; exhaustiveness of exclusion grounds.

National collective bargaining agreements and social clauses.

Scope of application of the Procurement Code.

Digitalisation and access to administrative documents.

Digital information management in public works.

The role of ANAC in the governance of public contracts.

Economic operators and contracting authorities.

Scope of application: EU thresholds, below-threshold contracts, and special sectors.

Awarding procedures for below-threshold contracts.

Procurement planning: The RUP; programming and design; public debate; market consultations.

Selection procedures: Phases; division into lots; open, restricted, negotiated procedures, and competitive dialogue.

Participation requirements: Professional integrity and misconduct; special requirements and SOA certification.

Reliance on the capacities of other entities (Avvalimento).

Procurement documents: Contract notice, technical specifications, and tender rules.

Remedial mechanism for formal omissions (Soccorso istruttorio).

The evaluation committee (Commissione giudicatrice).

Abnormally low tenders and contract award.

Contract performance I: Direction of works and execution management.

Contract performance II: Contract modifications and equilibrium (price revision, renegotiation).

Contract performance III: Subcontracting; suspension, termination, rescission; final testing and acceptance.

Statutory framework for concessions.

Project finance and social partnership.

Strategic procurement: Green Public Procurement (GPP); social clauses; procurement for SMEs.

Procurement for innovation: Innovation partnerships; R&D services; PCP and PPI.

Public-Private Partnerships (PPP): Evolution, features, risk transfer; Institutionalised PPP (IPPP) and joint ventures.

Other PPP contracts: Financial leasing, availability contracts, EPC, general contractor, global service.

Out-of-court dispute resolution: Amicable settlement, arbitration, Technical Advisory Board, ANAC opinions.

Administrative litigation: Challengeable measures (notices, exclusions, awards); standing to sue and ANAC's extraordinary standing.

Contract ineffectiveness following award annulment, stand-still period, exclusive administrative jurisdiction.

Cross-appeals aimed at exclusion (Ricorso incidentale escludente).

Litigation before ordinary courts concerning contract performance.

Integrating the gender dimension is completely irrelevant to the course content.

Students must acquire the ability to:

1. develop an oral dissertation on the topics covered in the course;

2. present the course topics orally, highlighting the problematic aspects and key issues;

3. critically analyze the various documents that characterize public administration procurement procedures.

It is evident that any student who is unable to understand the meaning of the propositions in points 1, 2, and 3 lacks the basic skills required to undertake this course.