85367 - DIRITTO DEL PARTENARIATO PUBBLICO E PRIVATO

Course Unit Page

Academic Year 2018/2019

Learning outcomes

Student acquires knowledge of the legal requirements and operating procedures of Public- Private partnerships. He studies the relationship between public administration and economic operators, to carry out operations of general interest through technical, economic and financial resources. It's a complex and articulated phenomen, in evolution. The PPP is not only in response to the formal and substantial constraints of public finance but also as a means of efficient risk regulation (operational, availability, demand, etc.). Student must therefore acquire a solid knowledge of the legal instruments (both administrative and negotiation) - regulated by the European legal system (subjected to frequent soft-law interventions by European Commission and Eurostat) - about forms of public-private partnerships established, in open market economy.

Course contents

Public-private partnership: Defining aspects; The classification; rule of law.

International Framework. European Law. From “Green Paper” (30 April 2004) to “Europe 2020”. European court of Auditors: Report n. 9/2018 and recommendations. The EU Regulation 1303/13, the Eurostat position and soft law. Effectiveness in the national law system

National legislation. Fundamentals in PPP. Administrative law and Contract law. The Relationship. Parties involved in the operations and governance structure. Contractual public-private partnerships. Institutionalized public-private partnerships.

Dlgs. 50/16. Concession contracts – PF; Characteristics and goals of both European and national legislation;

Concession contracts – Particular aspects of concession contract; sponsorship agreement and protection of cultural heritage. Subsidiarity. “Administrative barter”

Dlgs. 175/2016. Public – Private partnership and Companies.

Il PPP and local autorities.

Readings/Bibliography

CARULLO, Lezioni di diritto amminsitrativo dell'economia,Giappichelli, 2017(students have to study issues written in "course contents")

NICODEMO - SUSANNA, Società a Partecipazione pubblica, Pacini 2017

Teaching methods

In addition to basic notion, we're going to study matters interested by recent reforms. We use text of laws, decisions. Students will works in groups. Then we'll discuss together.

Assessment methods

Students attended lessons: the procedures will be agreed during the lessons. Verification try to ensure the successful acquisition of "course contents" .

Students non-attended lessons: the final exams will be oral.

To attend the exam, each student must sign up via AlmaEsami within the deadline. Those who cannot sign up must immediately (before the official closing of the subscription lists) communicate the problem to the teaching secretariat. Deciding whether to allow not enrolled students to attend the exam or not is up to the teacher.

Teaching tools

In addition to basic notion, we're going to study matters interested by recent reforms. We use text of laws, decisions. Students will work in groups. Then we'll discuss together.

Office hours

See the website of Silvia Nicodemo