Master

Anti-corruption and Public Procurement. A new model of public ethics: legal answers and new protagonists - VIII edition

II level
VIII
1 year
Alternate weekends (saturday and Sunday, 09:30/13:15 – 14:15/18:00)
Italian
60
Blended

Registrations are open
October 2023


Purposes

The aim of the Master is to analyze the main legal institutions related to anti-corruption legislation, subject of national and international debate; still causing the greatest social alarm and posing increasingly complex problems from both a preventive and repressive point of view. The italian legislature has attempted to strengthen and modernize said phenomena since Law No. 190/2012.

In particular, the objective of the learning pathway is the theoretical-practical study of the aforementioned legislation from an international, criminal and administrative point of view, with the aim to train apical figures with high specialized competence, called upon to serve, with roles of responsibility, the Public Administration and the public institutions to which the norm expressly addresses.

In this view, the course will devote particular attention to the main legal institutions related to the aforementioned Law 190/2012 and its implementing decrees:

  1. the national legislation on anticorruption (L. n. 190/2012 and subsequent amendments);
  2. offences against the Public Administration, with particular reference to practical cases and the most recent case law;
  3. The legal model of the P.A. and the new administrative transparency, with particular reference to the normative and jurisprudential evolution of the right of access to documents.    

Within this context the course will focus on the technical and operational study of the New Public Procurement Code (D.Lgs. n. 36/2023), highlighting, within a broader case law and classroom solution of practical cases, the individual profiles of criminal, civil and administrative liability of operators in the sector, together with the critical issues related to awarding procedures. 

The lessons will be carried out at the premises of the university with the possibility of remote connection, in order to facilitate the integration of the Master's course with the candidates' work activities (the presential lessons are scheduled on alternating weekends; on Saturdays and Sundays). 

The course will devote particular attention to the innovative methodology of didactic activity, thus granting a technical and operational knowledge in the field, through the constant submission and solution of practical cases, also on the basis of the most relevant case law decisions. During the lessons, the candidates will be called upon to carry out written exercises, also in groups, on cases considered to be of interest.

The study of the topics will be facilitated by the use of summary slides, divided into thematic areas.

The course will feature the distribution of teaching material (regulations, articles of doctrine, judgments) in the classroom and the assistance of a classroom tutor.

Target students and Career Opportunities

In ragione dell’altissimo grado di specializzazione e di dettaglio dell’intero percorso formativo, oltre che dei docenti incaricati dei singoli insegnamenti, il Master mira a formare figure apicali della Pubblica Amministrazione di grande competenza specialistica, a supporto nelle azioni di contrasto dei fenomeni corruttivi, oltre a tecnici e operatori delle procedure di affidamenti e dei contratti pubblici.

Due to the very high degree of specialisation and detail of the entire training course, as well as of the lecturers in charge of the individual courses, the Master's course aims to train highly specialised senior figures in the Public Administration to support actions to counteract the phenomenon of corruption, as well as technicians and operators expert in procurement procedures and public contracts.
 

For this purpose, the course is mainly aimed at:

  1. public managers called upon to manage public expenditure along with the administrative staff, for the purpose of ensuring proper compliance with the constitutional principles of public action (Article 97 of the Constitution);
  2. civil servants and people belonging to the world of in-house and public companies, who are exposed to corruptive phenomena by reason of their function or their role (for example Purchasing Offices, Legal Departments, persons in charge of public procurement, tender and competition commissioners);
  3. personnel of the Armed Forces, such as Police, Carabinieri, Guardia di Finanza, Penitentiary Police, Municipal Police Corps, who daily face and fight organised crime because of their role;
  4. professionals in the field, understood as lawyers, accountants, labour consultants who, in various capacities, find themselves collaborating/interacting with the world of the Public Administration in sectors naturally exposed to corruptive phenomena (public financing, awarding of contracts and concessions, competitions, etc.).

The specificity and topicality of the subjects covered qualifies the Maste as an ideal training course for all the candidates interested in participating in the most important public competitions (many of which, in particular, require a Level II Master as an admission prerequisite).

Public Competitions

By reason of the themes treated, the II level Master in Anticorruption, is an ideal training pathway for all those interested in participating in public competitions (many of which, in particular, require a Level II Master's Degree as a requisite for participation, along with a Bachelor's Degree - see SNA 2020 Call for Executives).

Admission

The candidates of the Master must be in possession of a  Specialist Degree, Master's Degree and/or "old system" Degree attained at an italian University or an equivalent institution, provided that said institution is recognized in Italy. 

The candidates in possession of an academic title obtained abroad must be in possession of the declaration of value of the aforementioned qualification, issued by the competent Italian diplomatic or consular representatives of the country in which they obtained the qualification.

The requirements must be fulfilled and demonstrated by  the deadline provided for in the application form, under penalty of non-admission to the Master's selection test.
 

Tuition

The annual tuition, without tax benefits, for the registration to the Master is € 10.000

Registration

Students wishing to enrol may request an appointment with the Guidance Office by calling +39 06 3400 6250
 

Internal Faculty

Prof. Adv. Andrea Altieri. A university professor and administrative lawyer, he has extensive experience in the field of administrative law and anti-corruption. His more than twenty years of professional career is characterised by the attainment of various academic titles and public appointments and enriched by constant study, research and publication activities carried out at universities and major national training schools.

Teaching Staff

The teaching staff is made up of the most important experts in the sector (university professors, criminal, administrative and accounting magistrates, state and private lawyers, ANAC managers, senior figures in the Public Administration, officers of the Armed Forces, professionals), with many years of certified experience in teaching the subjects covered by the Master's course, as well as numerous scientific publications on the topics covered by the lessons, and professionals with recognised value at the highest levels of the institutions and the economic world. 
 

  • 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.
  • The national legislation in terms of anti-corruption. Field of Application. Regulatory Framework.
  • The codified structure of corruption offences. 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, cyber threat, ransnational organized criminality);
  • The corruption within the private sector. Analysis of the phenomenon, regulatory framework and liability of the institutions.
  • 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.
  • The Public Administration: subjective framework. Public Participation Companies provided for in D.Lgs. n. 175/2016;
  • 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 n. 33/2013.
  • Documentary, civic and generalized access; Case Law
  • 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.
  • Anti-corruption and the new public procurement code (D.Lgs. n. 36/2023). The ratio of the reform sought by the national legislature;
  • Celerity, simplification, transparency and digitisation: the new regulatory principles of public procurement;
  • Determination to contract and invitation to tender. Immediately harmful clauses and their challenge;
  • Economic operators and requirements for participation in procurement procedures;
  • The above- and below-threshold procurements;
  • Transparency and rationalization of the public expenses. The centralized purchasing: role and function of Consip S.p.A;
  • Selection commissions;
  • The preliminary aid: rationale of the institution and limits of application;
  • The awarding and conclusion of the contract;
  • The execution of the public contract;
  • Post-contract controls.
  • Direct awards and the limits set by the legislature. Regulatory innovations. Case law;
  • The R.U.P.: functions, powers and responsibilities;
  • Conflicts of interest in the new Code: anti-corruption implications;
  • Public Procurement and PNRR: Distinguishing Elements and Accounting Rules;
  • Integrated contracting: new regulations;
  • The special procurement procedure: the specificity of litigation for the allocation of PNRR funds;
  • Anti-mafia interdiction;
  • The execution of the public contract: subcontracts, subcontracting, variants and reservations.

Each candidate is required to develop a professional training Project Work consistent with the topics covered by the course.

The PW is an integral part of the Master's teaching activity, is subject to evaluation and awards 15 university credits (CFU).

The aim of the final project is to propose one or more innovative and/or improving solutions through the in-depth study of context variables, processes and application models. It may involve either the innovation of an activity, or the setting up or changing of an organisational structure, or even the improvement of a new operational procedure or the development of a new process.
The PW can be carried out individually or in group: in the latter case, the individual contribution will be subject to specific evaluation.

 

At the end of each unit there is an examination of the topics covered. The grade (expressed in thirtieths) will be part of the final grade average for the Master.

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