RIGHT OF CONSENSUAL ACTS OF PUBLIC ADMINISTRATION

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2016/2017
Year: 
2
Academic year in which the course will be held: 
2017/2018
Course type: 
Supplementary compulsory subjects
Language: 
Italian
Credits: 
6
Period: 
Second semester
Standard lectures hours: 
36
Detail of lecture’s hours: 
Lesson (36 hours)
Requirements: 

The following pre-requisites are mandatory: institutions of private law, constitutional law, commercial law, administrative law.

Final Examination: 
Orale

Evaluation test

Assessment: 
Voto Finale

The course aims to study in deep the theme of the public administration consensus activity, with particular reference public contracts for works contracts, service contracts and supplies, within the framework of European discipline.

The course offers the necessary tools to acquire, even in a historical-evolutionary perspective, the reach of institutes that have introduced innovative tools of common law in the interaction of the private with the public administration, favoring the overcoming of a rigid authoritative conception.

The course is articulated in two part, one substantive and other procedural, with an evaluation test, and a final round table on the topic of public contracts and the principle of legality.

The lessons are structured by providing, also an analysis and depth study of a practical case from which to draw the elements for inclusion in the legal context, reading and exegesis of the reference norm, examining the doctrine and case law. The second part deals with the examination of certain public property contracts, in order to study in deep the links with the actions experienced by counterparties and third parties within the exclusive jurisdiction attributed to the administrative court by art. 133 of the administrative process code.

The course consists in single parts, which will have seminar content for students of administrative law. In summary, the topics discussed will be the following.

1. Introduction

2. Programming

3. The powers of Anac

4. Types of procedures for relying on public procurement contracts. The procedures for the assignment of contracts

5. Principles relating to the conduct of public awareness procedures

6. The criteria for choosing a private contractor. Green Contracts. Social clauses

7. Start of the procedure.

8. Qualification

9. Evaluation of tenders

10. Direct assignment

11. Contract assignement. Contract signment and start of contract

12. Revocation and annulment of acts of the procedure

13. Defense: remedies

14. Defense: Out-of-court remedies

15. Responsibilities

16. Round table / written test

Textbooks will be communicated later.

The lessons will have as starting point the analysis and discussion of practical cases and practices of P.A. Using the inductive method with subsequent references to the theoretical aspects

Any other information will be provided later

Professors

BARBERA MATTEO
LATORRACA VINCENZO