- Docente: Enrico Guarnieri
- Credits: 7
- SSD: IUS/10
- Language: Italian
- Teaching Mode: Traditional lectures
- Campus: Bologna
- Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)
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from Sep 15, 2025 to Nov 13, 2025
Learning outcomes
The aim of the course is to provide students with the theoretical-practical tools useful for achieving full knowledge of the legal structure that characterises public contracts (public procurement and concession contracts), as well as the more general dynamics that mark the subject matter (public contracts as a phenomenon of public expenditure, as an economic, social and environmental lever, as an event exposed to the risk of corruption). Through a critical approach to the rules set out in the legislative decree no. 36/2023, through the analysis of the most significant rulings and through the study of the specific rules provided by the Code of administrative procedure, students will be able to manage the physiological and pathological profiles of the award and execution phases of public contracts.
Course contents
- The evolution of public procurement law
- The goals of the public procurement event, between primary and secondary interests. Focus on: sustainable development
- The qualification of contracting authorities and the digitization of the contract lifecycle
- Below-threshold contracts: simplified procedures and the principle of rotation
- Above-threshold contracts: the planning and design phases. Focus on: public debate
- The call for tenders and its contestability
- Ordinary award procedures
- Negotiated award procedures. Case law analysis of the limits to the use of procedures without a call for tenders
- Division into lots. "Avvalimento" and RTI
- General and special requirements
- "Soccorso istruttorio" and self-cleaning
- Award criteria, evaluation of tenders and bid anomalies
- The awarding and the contract. The standstill period and the powers of the judge on the ineffectiveness of the contract
- The role of ANAC. Pre-litigation powers
- Pre-contractual liability
- The parties involved in the execution phase. Subcontracting, suspension, and extension
- Modifications during execution. Focus on: renegotiation and price revision
- Termination and withdrawal
- Testing and verification of compliance. Payments
- Public-private partnerships and concessions
- Focus on: project financing
- Public contracts in special sectors
- Public contracts and damage to public finances: the damage from lack of competition
- Public contracts and criminal cases
Readings/Bibliography
For attending students, besides studying the lesson material, we suggest consulting S. Fantini e H. Simonetti, Le basi del diritto dei contratti pubblici, Milano, Giuffrè, 2024
For non-attending students, we recommend studying one of the following books:
- S. Fantini e H. Simonetti, Le basi del diritto dei contratti pubblici, Milano, Giuffrè, 2024
- F. Mastragostino e G. Piperata (a cura di), Diritto dei contratti pubblici. Assetto e dinamiche evolutive alla luce del decreto legislativo n. 36 del 2023, Torino, Giappichelli, 2024
- R. Dipace, Manuale dei contratti pubblici, Torino, Giappichelli, 2023
- G. Tropea, Lineamenti di diritto dei contratti pubblici, Napoli, Editoriale Scientifica, 2024
Teaching methods
The course will consist of classroom lectures and the analysis of legal cases.
Assessment methods
The interview will focus on the topics indicated in the "Contents" section.
The evaluation of the test will be carried out taking into consideration:
- The knowledge of legal profiles
- The ability to make connections between the different parts of the program
- The ability to develop critical arguments
- The articulation of the exposure
- The accuracy of the exposure.
The following criteria will be used to assign the final mark (that will be out of 30/30):
- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language 18-19/30;
- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;
- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;
- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.
Registration for the final exam can be made through the application Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm )
Teaching tools
Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs in order to be directed to the dedicated person and in order to arrange for the adoption of the most appropriate measures.
Office hours
See the website of Enrico Guarnieri
SDGs



This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.