Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2017/2018
Belonging course: 
Course of Master's Degree Programme on PUBLIC MANAGEMENT
Location: 
Napoli
Disciplinary sector: 
PRIVATE LAW (IUS/01)
Credits: 
5
Year of study: 
2
Teachers: 
Cycle: 
First Semester
Hours of front activity: 
40

Language

Italian

Course description

Knowledge and understanding:
The course aims to provide knowledge on the one hand of the rules relating to the complex discipline concerning the negotiating activity of the PA, on the other hand to provide an overview of the open problems in a constantly evolving subject.

Ability to apply knowledge and understanding:
The comparison with the normative and jurisprudential texts aims to favor a concrete approach to the question. In particular, the study of jurisprudence solicits reflection on the practical implications of the legislation examined, on the relative operational criticalities and on the possible conflicts that can be found in practice.

Autonomy of judgment:
The study of positive data in constant confrontation with the various doctrinal and jurisprudential positions aims to stimulate the independence of judgment of the student and his ability to critically interpret legal texts. This in order to identify concrete solutions appropriate to the interests at stake.

Communication skills.
The consultation of texts and normative sentences, accompanied by reflection and discussion in the classroom on the various theses proposed in the doctrine, aims to favor both the acquisition of an adequate legal language and the development of dialectical and argumentative abilities.

Learning ability.
The ability to learn is stimulated by the subjection to students of "cases" on which to discuss, with particular attention to the applicable discipline and possible solutions.

Prerequisites

Syllabus

Public interest and private autonomy; the consensual administrative activity; agreements between private individuals and public administrations. substitutive and supplementary agreements. Subjective law and legitimate interest. Civil responsibility of the state. Signals on the contract.
The main areas of exercise of the autonomy of public administration, with regard to ordinary contracts; to special contracts under private law; to contracts with a public object, in which the typical elements of the administrative provision and the contract are combined.

First block (8 hours): introductory notions on the relationship between public administration and private law. Second block (8 hours): the negotiation activity of the PA. Third block (8 hours): sources and normative references. Fourth block (8 hours): impact of European Union law. Fifth block (8 hours): procurement code, Anac, case law.

Teaching Methods

Traditional: the course is divided into oral lectures and, possibly, seminars.

Textbooks

Learning assessment

The level of learning will be verified with an oral exam to be held in one of the sessions following the end of the course.
During the exam students will be asked questions that touch the various aspects of the program, in order to verify the level of knowledge of the topics covered by the program, the ability to reason and critical analysis, the possession of technical language.
The score of the exam consists of a vote expressed in thirtieths. In order to pass the exam, thus reporting a grade not lower than 18/30, the student must demonstrate that he has acquired sufficient knowledge of the topics covered by the program. To achieve a score of 30/30 cum laude, the student must instead demonstrate that he has acquired excellent knowledge of all the topics covered during the course, to be able to critically analyze the issues underlying the topics in question and to have full mastery of technical language.

More information