PUBLIC SERVICES AND CONTRACTS LAW
Learning outcomes of the course unit
This is a specialized course of study of two important issues of administrative law, such as those of public contracts and that of public services. The course is aimed at allowing students to acquire the fundamental and basic notions, which can facilitate their improvement in these sectors of extreme importance for the economic life of the country and whose knowledge is positively appreciated in job selection interviews.
It is necessary to have passed the exams of private law institutions, Institutions of Roman Law and Constitutional Law.
Course contents summary
The course is dedicated to the framing of two fundamental issues of administrative law: that of the contractual activity of the Public Administration and that of public services.
Both have a very articulated and complex discipline of positive law both due to cumbersome and, in some ways, "tumultuous" legislation, and to administrative practice and jurisprudential guidelines, which have not helped to clarify the framework.
The course focuses on the fundamental issues of the two cases, starting from the framework of both public contracts and public services, in the context of administrative activity, and developing the analysis of the fundamental lines of the discipline.
In this perspective, with particular reference to the issue of public contracts, the field of application of the so-called Public Contracts Code, the difference between sub-threshold and supra-threshold contracts and the different models for identifying the contractor will be examined.
On the subject of public services, the notion, the different hypotheses and methods of assignment will be explored, with particular regard to "in-house assignment".
On public contracts:
- R. DIPACE, Manuale dei contratti pubblici, Giappichelli, Torino, last ed.;
On public services:
- F.G. SCOCA (edited by), Diritto amministrativo, Giappichelli, Torino, last ed., Part 8 ("Poteri pubblici ed economia"), cap. II e III;
- S. TARULLO, Manuale di diritto amministrativo, Zanichelli, Bologna, last ed., Part XV;
- M. CLARICH, Manuale di diritto amministrativo, Il Mulino, Bologna, last ed., Part 3 (“Profili organizzativi”), cap. IX (“I servizi pubblici”).
The lessons will be held aiming at the maximum involvement of students, so as to ensure that they are not only a phase of illustration of the subject, but also already a time of learning and preparation for the exam.
During the year, exercises will be carried out on specific topics, especially by reading and examining the most recent and important rulings on the subject.
Assessment methods and criteria
The final test will consist of an oral exam, basically divided into three questions, one for each part of the course: the questions are aimed at understanding whether the student has acquired sufficient knowledge of the fundamental aspects of each part.