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Freie Universität Bozen

Verträge und Nachhaltigkeit

Semester 1 · 27619 · Master in Politik öffentlicher Institutionen und innovative Governance · 6KP · IT


The course examines the current European legal framework on sustainability, with a particular focus on public procurement: the tools available to public administrations to promote sustainability, Minimum Environmental Criteria, certifications, and sustainability logos.

Lehrende: Laura Valle, Marco Mariani

Vorlesungsstunden: 36 (20 Valle + 16 Mariani)
Laboratoriumsstunden: -
Anwesenheitpflicht: Attendance is recommended, but not mandatory.

Themen der Lehrveranstaltung
The contemporary European legal framework for sustainability goals, and specifically rules and topic of interest for public contracts. Legal instruments that PAs have to, or can, adopt to foster sustainability goals. Definition of contract and principles of law for contracts of the public sector. The role of sustainability goals in public contracts. Contract agreement and contract content. Contract validity and invalidity. Contract terms and unfair contract terms. The Minimum Environmental Criteria (in Italian: Criteri Ambientali Minimi, CAM). Environmentally and socially sustainable contract clauses. Public procedures for the selection of contractors as disciplined in the EU legislation and in the Italian Code of Public contracts. Sustainability goals as a policy in contracts award criteria. The due diligence of the supply chain in the public sector and the related PA's responsibility. Responsibility for non compliance with environmental and social legislation. Certifications for sustainability and their role in the public sector. Sustainability trademarks. Performance and non performance of a public contract. Dispute resolution methods for public contracts.

Unterrichtsform
Frontal lectures

Bildungsziele
Knowledge and understanding The student will acquire legal knowledge necessary for the training of senior public sector professionals, capable of understanding and managing the dynamics and relationships within public bodies and local, national and supranational administrations. This knowledge is essential to enable students to successfully take part in public competitions. The student acquires knowledge of organisational models, the business factors involved in the organisation of public enterprises, operating in different sectors (international organisations, central administrations, local authorities, healthcare, public enterprises) and the consequences for the community. The student will also acquire knowledge necessary for developing, managing and evaluating the impact of public projects, and knowledge useful for analysing organisational innovation processes and interpreting current tools and trends relating to personnel management in public companies. Ability to apply knowledge and understanding The student will acquire the ability to: - interpret and apply the main rules on the organisation and operation of public bodies; - use the techniques of legal reasoning in the field of public administration and the public sector, to use the appropriate legal terminology in the three teaching languages, and to apply the knowledge acquired to concrete legal and organisational events at local, national and supranational level. Autonomy of judgement The student will acquire the ability to: - apply the knowledge acquired to interpret economic and business phenomena in order to make managerial and operational decisions in the context of public administration; - select data and use appropriate information to describe a problem concerning the design, implementation and evaluation of public sector projects and policies, aiming at innovation and improvement of processes, products and results; - reflect, also from a public ethics and sustainability perspective with regard to future generations, on the responsibilities associated with the use of public resources. Communication skills The student will acquire the ability to communicate effectively in oral and written form the specialised content of individual disciplines, using different registers according to target audience and communicative and didactic purposes, as well as to evaluate the formative effects of his/her communication. Learning skills The student will acquire the ability to: - use information technology autonomously to carry out bibliographic research and investigations and for one's own training and updating; - identify thematic links and establish relationships between different cases and contexts of analysis; - frame a new problem systematically and generate appropriate taxonomies; - develop general models from the phenomena studied.

Art der Prüfung
The final grade is assigned with the final written exam, which is composed of three or four open questions, with more specific sub-questions.

Bewertungskriterien
Clarity of the answers, command of language (including knowledge of legal terminology and logical coherence), and the ability to summarize, evaluate, and establish connections between topics.

Pflichtliteratur

L. Cuocolo, Diritto dello sviluppo sostenibile, Il Mulino, 2025, chpt. 1, 2, 7, 8,10,11.

F. Grassi, “Gli appalti verdi: la tutela dell’ambiente attraverso l’attività contrattuale delle pubbliche amministrazioni”, in Diritto dei contratti pubblici, a cura di Pappano, Giani, Grazzini, Pacini Giuridica, 2025, pp. 555-576.

A. Maltoni, “Contratti pubblici e sostenibilità ambientale”, in Rivista interdisciplinare sul Diritto delle Amministrazioni pubbliche, 3/2023.

“Sustainable Public Procurement and the Sustainable Development Goals”, Nordic Council of Ministers, 2021;

“Criteri ambientali minimi (CAM): sentenze principali, orientamenti consolidati ed oscillazioni giurisprudenziali”, sentenzeappalti.it.

“La nuova disciplina dei contratti pubblici. Commento al D. Lgs. 31.3.2023, n. 36” (ed. by Brunella Bruno, Marco Mariani, Emilio Toma), Giappichelli Editore, 2025 (parts of, indicated on Teams).

The amount of study materials will be in line with the numbers of the course’s credits.

The parts object of study not already indicated will be made available on Teams in a specific syllabus.

 

The most updated ed. of the Code of Public Contracts and the Civil Code (preferably Zanichelli, De Nova edition or Hoepli) are essential.

 




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Ziele für nachhaltige Entwicklung
Diese Lehrtätigkeit trägt zur Erreichung der folgenden Ziele für nachhaltige Entwicklung bei.

10 11 12 13 15

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