LOCAL GOVERNMENTS AND PUBLIC-PRIVATE PARTNERSHIPS IN EUROPEAN PUBLIC SYSTEMS
1° Year of course - Full year
Frequency Not mandatory
- 5 CFU
- 40 hours
- English
- Trieste
- Opzionale
- Oral Exam
- SSD IUS/09
Is part of:
The course aims to provide students with the following skills. D1 - KNOWLEDGE AND UNDERSTANDING: Developing competencies related to understanding and analyzing the fundamental concepts of Italian and European administrative law. In particular, knowledge related to administrative tools for ecological and technological transition will be developed. Specifical attention will be focused on: Understanding the objectives and missions of the digital revolution; Understanding and interpreting administrative planning documents, administrative, accounting, and financial documents of public administrations; Knowledge of teleadministration and digital administration systems, algorithmic decisions, and the use of artificial intelligence applied to public decision-making processes; Knowledge of public-private partnership procedure within public tender and third sector legislation D2 - APPLIED KNOWLEDGE AND UNDERSTANDING: Providing students with advanced skills and suitable tools to deeply understand administrative organization at the European level and its multilevel governance system. Furthermore, providing tools to understand the action of Union institutions in specific areas related to public-private partnerships. Providing an in-depth knowledge of the procedures, methodologies and argumentative techniques developed from the aforementioned capacities. D3 - AUTONOMY OF JUDGMENT: Developing the ability to independently understand legal texts, judgments, administrative acts, and documents drafted in English by European authorities; addressing complexity and being able to autonomously evaluate, discern, and interpret the topics and arguments covered during the course, being able to easily use the reconstructive and interpretative tools that are indispensable in the realization of European projects and in the use of tools provided by national administrative law and Union law. D4 - COMMUNICATION SKILLS: Discussing legal-administrative issues demonstrating conceptual accuracy, linguistic precision, and autonomy of judgment. D5 - ABILITY TO LEARN: Being able to access and consult sources and literature and knowing how to use the computer channels of institutional entities - especially European ones - to develop independent research on specific topics.
There are no prerequisites. It is advisable to know the main notions of Administrative Law and other pertinent or similar public law disciplines.
Module B, as part of the overall course in Local government and public-private partnerships in European public systems, aims to give students an in-depth knowledge of the public-private partnership systems in European Union and Italian legislation. Starting from the study of general framework of the discipline at an international and national level, the course will deepen into the main hypotheses of public-private partnerships, mainly within the public procurement legislation and the so-called third sector legislation. In each step of the course, the most relevant practical cases will be analysed.
Public-Private Partnerships and Concessions in the EU. An Unfinished Legislative Framework, Piotr Bogdanowicz, Roberto Caranta, Pedro Telles, 2020 EPEC Guide to Public-Private Partnerships, European Commission, 2021 Public Private Partnerships. Governing Common Interests, Sara Valaguzza, Eduardo Parisi, 2020 During the course, handouts and relevant texts will be provided.
The course will cover the following topics: 1. Distribution of jurisdiction between the European Union, Member States, and local communities 2. Allocation of functions according to subsidiarity, differentiation, and adequacy principles 3. Concept of public service within the European Union 4. Concept of public service in Italian legislation 5. Regulations on public procurement and concessions 6. Concession of public services 7. Regulatory framework for public-private partnership at Eu level – public tenders 8. Regulatory framework for public-private partnership at Eu level – third sector 8. Concept of public-private partnership 9. Procedure for establishing a public-private partnership as a public tender 10. Public-private partnerships: how to find the correct partner 11. Public-private partnerships: risk assessment 12. Public-private partnerships: evaluation and maintenance of economic-financial balance. 13. Management of the public-private partnership relationship, 14. Project finance 15. Leasing 16. Availability contracts 17. Energi Performance Contracts - EPC 18. Accounting issues in public-private partnership relationships 19. Judicial protection 20. The third sector: general introduction 21. The third sector: entities and activities 22. The role of public administration within the third sector 23. Public-private partnerships between the market and the third sector 24. Partnerships and the third sector as an alternative to the market 25. Co-programming 26. Co-design, 27. Conventions and public-private agreements in the third sector 28. Legal protection for consumers and third sector entities within the partnerships 29. Partnerships in digital transition 30. Partnerships in ecological transition 31. Partnerships in social transition and sustainable inclusion 32. Partnerships in the energetic sector, with particular reference as a tool for the ecological transition 33. Impact evaluation: public tenders and economic balance 34: Impact evaluation: third sector partnerships 35: Impact evaluation: green and digital transition 36. The role of the European Union in implementing partnerships: directive and subsidies 37. National Recovery and Resilience Plan (PNRR) general introduction 38. PNRR general provisions pertaining public-private partnerships 39. Practical applications of partnerships 40. Focus on the evaluation of social and economic impact of green and energetic partnerships
The teaching method aims to maintain a balance between theoretical and practical aspects through a combination of lectures, exercises, seminars, and conferences. Active student participation will be encouraged through the discussion of cases, papers, and supplementary materials provided by the instructor, as well as through the completion of practical exercises on topics of particular interest and current relevance. Additionally, the involvement and participation of experts in the fields of digital transition in Public Administration and new technologies, including lawyers, magistrates, administrators, engineers, technicians, and planners, is envisaged, with a focus on interdisciplinary issues.
During the course, meetings can be organized with national and international scholars, experts in the technological sector, judges, lawyers, public officials, and entrepreneurs.
The final assessment will consist of an oral exam in English, typically structured around three questions aimed at determining whether the student has acquired sufficient knowledge of the fundamental aspects of the subject. Alternatively, the writing of a thesis may be assigned in order to evaluate the skills acquired during the course The evaluation criteria include: understanding of the subject matter, clarity of presentation, ability to articulate arguments using technically correct language, and synthesis skills. The exam score is awarded on 30 points in total. To pass the exam (18/30), the student must demonstrate sufficient knowledge of the topics and answer all questions correctly. To achieve the highest score (30/30 with honors), the student must demonstrate excellent knowledge of all topics covered during the course and answer all questions correctly. In order to ensure the inclusion and integration of students with disabilities and specific learning disorders at the University, the exam modalities will also be tailored to the specific needs of students with certified disabilities under laws 104/92 and 118/71 or with Specific Learning Disorders (SLD) certified under law 170/2010), following the guidelines provided by the University. The final grade will be calculated as the arithmetic average of the grades obtained in the individual modules, which may be rounded up or down as necessary.
This course explores topics closely related to one or more goals of the United Nations 2030 Agenda for Sustainable Development (SDGs)