Law and Economics of Real Estate

Program details The course is divided into four modules: Module I - Preliminary Concepts and Principles. - Introduction, presentation of the course, historical reconstruction: so called Merloni law, 2006 code, 2016 code, 2023 code. - Flexible approach and European directives vs. rigid approach and domestic law. - Inefficiency and corruption in public contracting. - Public contracts and economic analysis of law; agency theory and information asymmetry; adverse selection and moral hazard; negotiations as learning moments. - Principles of the Public Contracts Code (outcome, trust, market access and the other principles). - Objective and subjective scope of application - Digitization of the contract life cycle - The role of ANAC in the governance of public contracts. - Market demand and supply (economic operators and contracting stations). Module II - Award and execution of procurement contracts (Directive 2014/24/EU and domestic regulations). - European thresholds, sub-threshold procurements and the principle of rotation - Procurement preparation: The RUP; planning and design; public debate; preliminary market consultations. - Contract selection procedures: stages of procedures; divisions into lots; open, restricted, negotiated procedures and competitive dialogue. - General participation requirements: professional morality and professional misconduct; special requirements and SOA. Advocacy. - The conduct of the procurement procedure: the tender documents (notice, specifications and specifications); peremptory nature of exclusion clauses and procedural aid; the jury; anomalous bids; the awarding of contracts. - Contract execution: direction of works and execution; modification of contracts during execution; preservation of contractual balance (price revision, renegotiations during execution); subcontracting; suspension, termination. Module III - Contract types and contracts other than procurement. - Strategic and sustainability contracts: green procurement (green public procurement); social clauses; procurement for SMEs. - Contracts for innovation: innovation partnership; procurement of research and development (R&D) services; pre-commercial procurement (PCP); public procurement of innovative solutions (PPI). - Public private partnerships (PPPs): introduction and historical evolution; the characteristics of PPPs; Risk transfer; institutionalized PPP (IPPP), joint ventures, and dual-object tender. - Concession contracts (Directive 2014/23/EU and internal discipline of concession awarding): awarding and execution of concessions. - Other public private partnership contracts (finance lease, availability contract, EPC, general contractor, global service) and project finance. - Special sectors: directive 2014/25/EU and internal discipline. Module IV - Disputes. - The out-of-court settlement of disputes: amicable agreement; settlement; arbitration; technical advisory board; ANAC's pre-litigation opinions. - Administrative judgment on public contracts; appealable measures (tender notice, exclusions, award); ANAC's legal standing and extraordinary legitimacy. - Ineffectiveness of the contract following cancellation of the award, stand still, exclusive jurisdiction of the administrative judge. - The issue of exclusionary cross-appeal. - Litigation before the ordinary courts relating to the execution of the contract (outline).

There are no formal propaedeuticities. It is, however, highly recommended to have previously taken Administrative Law I. In contrast, it is not necessary to have previously taken Administrative Law II.

From the start of the course, students will be able to meet with the lecturer on Mondays and Tuesdays from 5 to 6 p.m., after booking at gianfrancesco.fidone@uniroma1.it

Evaluation of students will take place through an oral examination

- Monday from 2 p.m. to 5 p.m. - Tuesday from 2 p.m. to 5 p.m. Classes will be held in the seminar room of the public law institute in the second semester, starting in February 2025.

Program details The course is divided into four modules: Module I - Preliminary Concepts and Principles. - Introduction, presentation of the course, historical reconstruction: so called Merloni law, 2006 code, 2016 code, 2023 code. - Flexible approach and European directives vs. rigid approach and domestic law. - Inefficiency and corruption in public contracting. - Public contracts and economic analysis of law; agency theory and information asymmetry; adverse selection and moral hazard; negotiations as learning moments. - Principles of the Public Contracts Code (outcome, trust, market access and the other principles). - Objective and subjective scope of application - Digitization of the contract life cycle - The role of ANAC in the governance of public contracts. - Market demand and supply (economic operators and contracting stations). Module II - Award and execution of procurement contracts (Directive 2014/24/EU and domestic regulations). - European thresholds, sub-threshold procurements and the principle of rotation - Procurement preparation: The RUP; planning and design; public debate; preliminary market consultations. - Contract selection procedures: stages of procedures; divisions into lots; open, restricted, negotiated procedures and competitive dialogue. - General participation requirements: professional morality and professional misconduct; special requirements and SOA. Advocacy. - The conduct of the procurement procedure: the tender documents (notice, specifications and specifications); peremptory nature of exclusion clauses and procedural aid; the jury; anomalous bids; the awarding of contracts. - Contract execution: direction of works and execution; modification of contracts during execution; preservation of contractual balance (price revision, renegotiations during execution); subcontracting; suspension, termination. Module III - Contract types and contracts other than procurement. - Strategic and sustainability contracts: green procurement (green public procurement); social clauses; procurement for SMEs. - Contracts for innovation: innovation partnership; procurement of research and development (R&D) services; pre-commercial procurement (PCP); public procurement of innovative solutions (PPI). - Public private partnerships (PPPs): introduction and historical evolution; the characteristics of PPPs; Risk transfer; institutionalized PPP (IPPP), joint ventures, and dual-object tender. - Concession contracts (Directive 2014/23/EU and internal discipline of concession awarding): awarding and execution of concessions. - Other public private partnership contracts (finance lease, availability contract, EPC, general contractor, global service) and project finance. - Special sectors: directive 2014/25/EU and internal discipline. Module IV - Disputes. - The out-of-court settlement of disputes: amicable agreement; settlement; arbitration; technical advisory board; ANAC's pre-litigation opinions. - Administrative judgment on public contracts; appealable measures (tender notice, exclusions, award); ANAC's legal standing and extraordinary legitimacy. - Ineffectiveness of the contract following cancellation of the award, stand still, exclusive jurisdiction of the administrative judge. - The issue of exclusionary cross-appeal. - Litigation before the ordinary courts relating to the execution of the contract (outline).

There are no formal propaedeuticities. It is, however, highly recommended to have previously taken Administrative Law I. In contrast, it is not necessary to have previously taken Administrative Law II.

From the start of the course, students will be able to meet with the lecturer on Mondays and Tuesdays from 5 to 6 p.m., after booking at gianfrancesco.fidone@uniroma1.it

Evaluation of students will take place through an oral examination

- Monday from 2 p.m. to 5 p.m. - Tuesday from 2 p.m. to 5 p.m. Classes will be held in the seminar room of the public law institute in the second semester, starting in February 2025.