78965 - Public Procurement

Course Unit Page

Academic Year 2018/2019

Learning outcomes

The aim of the course is to give a complete survey of the juridical and judicial landscape of the Italian and European systems in the topic of public procurement and contract.

Course contents

- Explanation of Public Procurement judicial regulation and structure: principles, conceptual basis and rules, moving from the most important European directives and from new Public procurement code.

- The Traditional Approach to Regulating Public Contracts in Italy;

- The Impact of the European Law;

- Principal Sources. The Allocation of Legislative Power between State and Regions;

- Focus: from the “Italian Authority for the Supervision of Public Contracts for works, services and supplies” to the “National Anti-Corruption Authority”;

- General Principles. Thresholds.

- Mixed Procurement;

- Procedures (Choice of);

- Open Procedures;

- Restricted Procedures;

- Use of the Negotiated Procedure with or without Prior public call publication;

- Competitive Dialogue;

- Award temporary/definitive;

- Requirements;

- Subcontracting;

- Contract of “Avvalimento”;

- Stipulation of the Contract;

- PPP:

- Concession Contracts;

- Focus: Project Financing;

- Focus: Green Public Procurement;

- Focus: Architectural and Engineering Services;

- Procurement by Entities operating in the Water, Energy, Transport and Postal Services Sectors and Repealing.

Readings/Bibliography

- Directives no. 2014/23, 2014/24 and 2014/25.

- Slides of the lectures.

The slides of the lectures will be available on AMS campus.


Teaching methods

Lectures will combine theoretical exposition with pratical work, discussion and also comment of texts and judgements of the European Court of Justice.


Assessment methods

Students will be evaluated and rated by an oral test.

The final exam will focus on the topics indicated in the "Course contents" section.

To obtain a passing grade students are required to demonstrate at least a knowledge of the key concepts of of institutional profiles.

Higher grades will be awarded to students who demonstrate an organic understanding of the subject, taking into consideration also the ability to develop critical arguments and the accuracy of the exposure.

A failing grade will be awarded if the student shows knowledge gaps in key-concepts of the subject.

Registration for the final exam can be made through the application Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm )

Teaching tools

The slides of the lectures and other documents will be available on AMS campus.

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 Tommaso Bonetti