The course aims at introducing students to key aspects of Administrative and Public Procurement Law in order to develop critical thinking and judgment in a subject area students are not familiar with (e.g. understand the hierarchy of legal norms within the Italian legal system as well as the possible different meanings of a legal norm by applying the relevant interpretation criteria, decide what is the correct interpretation in the specific context in which the rule itself operates, gain knowledge in analysing the administrative procedure aimed at awarding a public contract and understand,through various case-law decisions, the most important aspects that have to be taken into account during a public tender process).

The course aims at introducing students to key aspects of Administrative and Public Procurement Law in order to develop critical thinking and judgment in a subject area students are not familiar with (e.g. understand the hierarchy of legal norms within the Italian legal system as well as the possible different meanings of a legal norm by applying the relevant interpretation criteria, decide what is the correct interpretation in the specific context in which the rule itself operates, gain knowledge in analysing the administrative procedure aimed at awarding a public contract and understand,through various case-law decisions, the most important aspects that have to be taken into account during a public tender process).

Main parts of the course

Part 1
• Rationale and characteristics of the legal norm in the modern legal systems
• Difference between legal provision and substantive norm
• Organization of a modern legal system – who sets the rule and how?
• Sources of law – types of sources and relevant interaction
• Enforcement of the legal norms and organization of the judicial system

Part 2
• Public administration (definition, typologies) and its functions
• The importance of the European administrative law
• The administrative procedure: decision-making process and applicable principles
• The administrative decision
• In particular: the decision to award a public contract/procurement

Part 3
• The administrative activity aimed at awarding a public contract (history and evolution)
• National and European principles in the award of a public contract
• The procedure known as «public tender process» and the selection of the contractor
• The execution of a public contract
• Public contract and concessions
• Judicial protection

 Students will not be requested to work and prepare the final exam on a specific textbook but on the course slides, which will be made available on the Beep platform. The more relevant legal norms and provisions will be also uploaded on the Beep platform, as well as other useful materials and recommended readings. Readings and bibliography are the same for attending and not attending students. The final evaluation will consist of a written and oral test