A new model of public ethics: domestic legislation and new protagonists.
Registration is open
Unfortunately, the phenomenon of corruption is still representing a problematic issue for Italy and all the member states of the European Union, producing a turnover of approximately 120 billion euros every year.
In this regard, the Institutions of the E.U. suggested increasing attention to the implementation of preventive corruption policies (e.g., providing ethical standards, preventive measures, easy access to public interest information), internal and external control mechanisms, and the resolution of conflicts of specific interest to each member state.
Within this context, the main purpose of the Master is to analyze the main legal institutions related to anti-corruption legislation, which are debated nationally and internationally, still causing the greatest social alarm and posing increasingly complex problems in terms of both prevention and repression. As a consequence, our national legislation has attempted to strengthen and modernize a series of repressive measures, starting with the publication of Law No. 190/2012 and its implementing decrees.
The objective of the learning pathway the is to provide theoretical and practical knowledge of the anti-corruption legislation froma an administrative, criminal and international proin of view, with the purpose of providing managerial figures of the Public Administrations as well as experts and professionals in the sector with the specialized skills required to counteract any kind of corruptive phenomena.
The course will also address the study and knowledge of public procurement under Legislative Decree No. 50/2016 as amended, highlighting risk profiles and critical issues related to individual awarding procedures.
Due to its particular degree of specialization and detail, the Master's degree aims to train professional figures of great specialized expertise.
Target Students and Career Opportunities
The Master is mainly aimed at:
- Graduates who attained a Master's Degrees in: Law, Economics, Business Administration, Labour Market and Industrial Relations, Political Science, Social Sciences and equivalent degrees;
- Public Administration (managers, officials and public employees mainly called upon to manage public spending and their own administrative staff, in order to ensure proper compliance with the constitutional principles of public action under Article 97 of the Constitution);
- Armed Forces (State Police, Carabinieri, Guardia di Finanza, Penitentiary Police, Municipal Police Corps), which due to their role constantly fight organized crime;
- Personnel of Publicly Owned Companies, as well as entities subject to transparency obligations under Legislative Decree No. 33/2013 (managers, officers and employees of companies under Legislative Decree No. 175/2016);
- Personnel of private companies (for example, Legal or Personnel Departments, Purchasing Offices, companies operating in the field of public procurement and contracting procedures under Legislative Decree No. 50/2016);
- Freelancers who, in various capacities, collaborate or interact with the world of Public Administration, operating in sectors naturally exposed to corruptive phenomena (public financing, contracting, tenders and concessions, public competitions, etc.).
Due to the topics covered, the II level Master in Anticorruption is an excellent choie for the candidates interested in participating to public competitions (many of which include a 2nd level Master as a requirement for participation, along with a Degree - see Bando Dirigenti SNA 2020).
Applicants to the Master in Anti-corruption must have attained a Specialist Degree, a Master's Degree, and/or a Degree of the Old System, obtained at a University of the Italian Republic; as well as another equivalent Higher Institute, or a degree attained at an International University, provided that said Degree Title is legally recognized in Italy.
The candidates in possession of an academic qualification obtained abroad must be in possession of the declaration of value of the qualification obtained, issued by the competent Italian diplomatic or consular representations of the country in which the qualification was obtained.
The annual tuition fee, without financial benefits, for enrolling in the Master's program is € 10.000
Students who wish to enroll may request an appointment with the Orientation Office, at the following number +39 06 94802282
Prof. Andrea AltieriCourt Lawyer at the Court of Cassation; Professor at the Police Force Training School; Professor at the of the State Police Finishing School; Secretary General of the "Italian Association of Administrative Lawyers"; President of the Federal Tribunal of the Italian Archery Federation (Sports Bodies); Deputy Federal Prosecutor of the Italian Boxing Federation (Sports Bodies).
Prof. Avv. Andrea Altieri, Direttore del Master
Prof. Avv. Maurizio Mirabella
Cons. Marco Villani
Gen. G.d.F. Federico Romi
Prof. Avv. Carmine Ruggiero
Avv. Paola Maria Zerman
Prof. Avv. Roberto Aponte
Dott. Lorenzo Allegrucci
Dott. Carmine Giustiniani
UNIT 1 - GENERAL PRINCIPLES OF PUBLIC LAW IN TERMS OF ANTI-CORRUPTION
- The new principles balance and sustainability of the public debt
- The modifications implemented in constitutional order n. 1/2012
- The general principles of an administrative action (art. 97 Consititution): the new models of economics and efficiency
- Ethics and legality in the Public Administration: the new public legal context
- The Financial Police: role and functions to protect the public finance
- National Anti-corruption Authority: its role and function within the legal system
- The plans for prevention of corruption and the figure of the responsible for the prevention of corruption
UNIT 2 - THE NATIONAL LEGISLATION IN TERMS OF ANTI-CORRUPTION
- The national legislation in terms of anti-corruption. Field of Application.
- Regulatory Framework of the Corruption Crimes. National and International profiles
- The crimes against the Public Administration. General Principles. The figure of the publical official and the public service providers
- The crimes of corruption. Relationship between corruption for the performance of duties and corruption for an act contrary to official duties. Incitement to corruption. Criminal and disciplinary liability.
- Corruption and trafficking in illicit influence. Case law
- The interaction between corruption and organized crime. Evaluation of policies against criminality (financial criminality, cybertreath, transnational organized criminality)
- The corruption within the private sector. Analysis of the phenomenon, regulatory framework and liability of the institutions
UNIT 3 - ANTI-CORRUPTION LAW: CRIMES AGAINST THE PUBLIC ADMINISTRATIONS
- Corruption and abuse of office
- The phenomenon of corruption within the P.A.: study cases and preventive measures (rotation, conflicts of interest, incompatibility).
- The crimes of concussion and undue inducement to give or promise benefits. Case law
- The whistleblower. Figure, Protection mechanisms and legal framing. Comparative references
- The so-called "spy-crimes": money laundering, false information. Procedural references. The personal and patrimonial precautionary measures. The confiscation.
- The tax offences. Laws and reference framework
- The organizational models ex D.Lgs. n. 231/01, with particular reference to the publicy-owned companies
UNIT 4 - ANTI-CORRUPTION AND NEW ADMINISTRATIVE TRANSPARENCY
- The Public Administration: subjective framework. Public Participation Companies
- Corruption and administrative transparency: the new regulations. The most vulnerable sectors: contracts, concessions, appointments and consultancies
- Access to documents in its regulatory and jurisprudential evolution: Legislative Decree No. 33/2013. Documentary, civic and generalized access
- The administrative procedure (L. n. 241/90): general principles and regulatory changes
- The flaws of the act and the responsibility of the Public Administration
- Role and function of the Court of Auditors within the context of the public order. In particular, the jurisdiction on the investee companies
- Administrative responsibility of the public servant and loss of revenue. Case law
UNIT 5 - ANTI-CORRUPTION AND PUBLIC PROCUREMENT: THE CURRENT REFEREENCE FRAMEWORK
- Anti-corruption and the new public procurement code
- The contractual behaviour of the Public Administration: the narrative foundation
- The new code of public contracts: the new regulations. The ratio of the reform sought by the national legislature
- Transparency and rationalization of the public expenses. The centralized purchasing: role and function of Consip S.p.A.
- The above- and below-threshold procurements. Negotiated procedures
- Direct awards and the limits set by the legislature. Regulatory innovations. Case law
- Selection commissions: role, powers, function and responsibilities. Conflicts of interest.
UNIT 6 - CRITICAL ANTI-CORRUPTION PROFILES RELATED TO CONTRACTING PROCEDURES
- Economic operators and the participation requirements for the procurement procedures
- Determination to contract and contract notice. Immediately injurious clauses and their challenge
- The procedural aid: case law case studies
- The awarding and conclusion of the tender contract: the critical profiles
- The disputes in the area of pubic procurement: the procedure
- The execution of the public tendering
- The controls of Public Administration subsequent to the stipulation. Subcontracting, variations and reservations
Each candidate of the Master is required to create a Project Work related to the themes developed in the course.
The aim of the final project is to propose one or more innovative solutions through the in-depth analysis of context variables, processes and application models.
The PW may be individual or collaborative, in the latter case the individual contribution will be the subject of a specific evaluation.
LINK SWITCH FORMULA
For the Academic Year 2020/21 Link Campus University, has established the Link Switch Formula to meet the changing needs of students by offering high-level instruction and a safe learning environment. You can choose between the Smart Option, which will allow you to follow all the lessons live from your computer in live streaming modality, and the SafeClass Option, which is in presence-based modality, implemented in a mini-classes of up to 25 students. You may switch from one to the other mode at any time, according to your needs.