Sergio PERONGINI | LEGISLAZIONE DELLE OPERE PUBBLICHE E DELL'EDILIZIA, DIRITTO URBANISTICO E SOCIOLOGIA

cod. 0660100034

LEGISLAZIONE DELLE OPERE PUBBLICHE E DELL'EDILIZIA, DIRITTO URBANISTICO E SOCIOLOGIA

	0660100034
	DIPARTIMENTO DI INGEGNERIA CIVILE
	CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI
	BUILDING ENGINEERING - ARCHITECTURE
	2015/2016

PERCORSO COMUNE

	OBBLIGATORIO
	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2012
	SECONDO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/10	6	60	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

PROFESSORS

	SERGIO PERONGINI T Curriculum
	ENZA ROMANO Curriculum

	Objectives
	THE COURSE AIMS TO PROVIDE STUDENTS WITH THE KNOWLEDGE OF PUBLIC LAW. IN PARTICULAR, THE COURSE RELATES TO THE TREATMENT OF THE INSTITUTE EXPROPRIATION, PUBLIC CONTRACTS AND THE MAIN PLANNING TOOLS, WITH A DEEPENING OF OF THE THEME OF URBAN EQUALIZATION. LEARNING OUTCOMES: KNOWLEDGE AND UNDERSTANDING GENERAL KNOWLEDGE OF THE PUBLIC LAW AND ABILITY TO UNDERSTAND THE INSTITUTE EXPROPRIATION, PUBLIC CONTRACTS AND THE MAIN PLANNING TOOLS, WITH A DEEPENING OF THE THEME OF URBAN EQUALIZATION APPLYING KNOWLEDGE AND UNDERSTANDING ABILITY TO ANALYZE AWARENESS WITH THE FUNDAMENTAL INSTITUTIONS OF THE PUBLIC LAW AND THE ACQUISITION OF LEGAL KNOWLEDGE AS PART OF THE ABILITY TO ANALYZE COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK. MAKING JUDGMENTS ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION IN THE SPECIFIC FIELD OF STUDY. COMMUNICATION SKILLS ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT. LEARNING SKILLS ACQUISITION OF REFERENCES, TOOLS AND LEARNING ABILITY NEEDED TO FURTHER ENRICH THE LEGAL KNOWLEDGE ACQUIRED AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY.

THE COURSE AIMS TO PROVIDE STUDENTS WITH THE KNOWLEDGE OF PUBLIC LAW.
IN PARTICULAR, THE COURSE RELATES TO THE TREATMENT OF THE INSTITUTE EXPROPRIATION, PUBLIC CONTRACTS AND THE MAIN PLANNING TOOLS, WITH A DEEPENING OF OF THE THEME OF URBAN EQUALIZATION.

LEARNING OUTCOMES:
KNOWLEDGE AND UNDERSTANDING
GENERAL KNOWLEDGE OF THE PUBLIC LAW AND ABILITY TO UNDERSTAND THE INSTITUTE EXPROPRIATION, PUBLIC CONTRACTS AND THE MAIN PLANNING TOOLS, WITH A DEEPENING OF THE THEME OF URBAN EQUALIZATION

APPLYING KNOWLEDGE AND UNDERSTANDING
ABILITY TO ANALYZE AWARENESS WITH THE FUNDAMENTAL INSTITUTIONS OF THE PUBLIC LAW AND THE ACQUISITION OF LEGAL KNOWLEDGE AS PART OF THE ABILITY TO ANALYZE COMPLEX SITUATIONS IN CONTEXTS OF STUDY AND WORK.
MAKING JUDGMENTS
ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION IN THE SPECIFIC FIELD OF STUDY.
COMMUNICATION SKILLS
ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT.
LEARNING SKILLS
ACQUISITION OF REFERENCES, TOOLS AND LEARNING ABILITY NEEDED TO FURTHER ENRICH THE LEGAL KNOWLEDGE ACQUIRED AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY.

	Prerequisites
	KNOWLEDGE AND UNDERSTANDING OF THE ITALIAN LANGUAGE.

	Contents
	GENERAL KNOWLEDGE OF ADMINISTRATIVE LAW. THE PUBLIC ADMINISTRATION IN THE DEMOCRATIC ORDER. THE AUTONOMY OF LOCAL AUTHORITIES. THE ADMINISTRATIVE ACTIVITY. THE DISCRETION THE SUBJECTIVE LEGAL SITUATION: THE LEGITIMATE INTEREST AND THE RIGHT OF INDIVIDUALS. THE ADMINISTRATIVE PROCEDURE. THE ADMINISTRATIVE MEASURE: CONCEPT, CLASSIFICATION ELEMENTS. THE DISCIPLINE OF DISABILITY ADMINISTRATIVE MEASURE. ADMINISTRATIVE MEASURES OF THE SECOND DEGREE, AND SELF-PROTECTION. THE ADMINISTRATIVE ARRANGEMENTS. THE ACTIVITY OF PRIVATE LAW OF PUBLIC ADMINISTRATION. THE EXPROPRIATION FOR PUBLIC USE. THE EMINENT DOMAIN: GENERAL. PRINCIPLE OF LEGALITY. THE CONSOLIDATED LAW ON EXPROPRIATION FOR PUBLIC UTILITY: A) OBJECT B) SCOPE. THE LEGISLATIVE AND ADMINISTRATIVE COMPETENCE IN THE FIELD OF EMINENT DOMAIN. THE PHASES OF THE EXPROPRIATION PROCEEDINGS: PREMISE. THE PHASE OF THE SUBMISSION OF THE BOND PREORDAINED EXPROPRIATION. THE PHASE OF THE DECLARATION OF PUBLIC UTILITY. THE APPROVAL OF THE FINAL DESIGN. THE APPROVAL OF A DRAFT OF A WORK NOT CONFORM TO URBAN FORECASTS. DETERMINING COMPENSATION FOR EXPROPRIATION. ARTICLE. 22A: EMERGENCY EMPLOYMENT INTENDED EXPROPRIATION. THE DECREE OF EXPROPRIATION. THE PAYMENT OF COMPENSATION FOR EXPROPRIATION. THE CONSEQUENCES OF THE USE OF AN ASSET FOR PURPOSES OF PUBLIC INTEREST IN THE ABSENCE OF A VALID ABLATION MEASURE. THE VOLUNTARY TRANSFER. RELEGATION. TEMPORARY EMPLOYMENT. JUDICIAL PROTECTION IN THE FIELD OF EMINENT DOMAIN. CONSTRUCTION AND URBAN DEVELOPMENT. THE PLANNING SUPRA. THE MUNICIPAL DEVELOPMENT PLAN. IMPLEMENTATION PLANS. THE TECHNICAL IMPLEMENTATION OF THE PROVISIONS OF THE PLAN AND EQUALIZATION. THE MUNICIPAL DEVELOPMENT PLAN OF THE CITY OF SALERNO. THE PUBLIC CONTRACTS. THE DISCIPLINE OF PUBLIC CONTRACTS FOR WORKS, SERVICES AND SUPPLIES. THE ITALIAN LEGISLATIVE FRAMEWORK. THE PUBLIC CONTRACTS CODE, THE THREE CORRECTIONS, THE IMPLEMENTING REGULATION AND IMPLEMENTATION OF THE CODE, THE APPEALS DIRECTIVE. THE SOURCES OF DISCIPLINE. THE LEGISLATIVE COMPETENCE OF THE STATE AND REGIONS. THE TYPE OF CONTRACTS. THE MIXED CONTRACT OF PLANNING AND EXECUTION. TENDERS FOR WORKS IN BODY AND SIZE. A NEW TYPE OF CONTRACT: LEASE FINANCING FOR THE CONSTRUCTION OF PUBLIC WORKS. THE SERVICE CONTRACTS. THE SUBJECTS REQUIRED TO FOLLOW THE PROCEDURES OF PUBLIC EVIDENCE. THE PEOPLE ADMITTED TO THE RACES, THE REQUIREMENTS OF A GENERAL QUALIFICATION. THE PROCUREMENT PROCEDURES: GENERAL OBSERVATIONS. COMMUNITY TERMINOLOGY. THE PRINCIPLE OF TYPICALITY AND STRINGENCY OF PROCEDURES FOR AWARDING COMMUNITY. THE OPEN PROCEDURE. THE RESTRICTED PROCEDURE. THE NEGOTIATED PROCEDURE. THE COMPETITIVE DIALOGUE. THE FRAMEWORK AGREEMENT. THE CRITERIA FOR SELECTION OF TENDERS. ABNORMALLY LOW TENDERS. THE CONTRACTS BELOW THRESHOLD AND CREDIT IN THE ECONOMY. THE CONCESSIONS OF PUBLIC WORKS AND SERVICES. THE PROJECT FINANCING. THE EXECUTION PHASE OF THE CONTRACT. DISPUTES: ARBITRATION AND JURISDICTION.

Contents

GENERAL KNOWLEDGE OF ADMINISTRATIVE LAW.
THE PUBLIC ADMINISTRATION IN THE DEMOCRATIC ORDER.
THE AUTONOMY OF LOCAL AUTHORITIES.
THE ADMINISTRATIVE ACTIVITY. THE DISCRETION
THE SUBJECTIVE LEGAL SITUATION: THE LEGITIMATE INTEREST AND THE RIGHT OF INDIVIDUALS.
THE ADMINISTRATIVE PROCEDURE.
THE ADMINISTRATIVE MEASURE: CONCEPT, CLASSIFICATION ELEMENTS. THE DISCIPLINE OF DISABILITY ADMINISTRATIVE MEASURE. ADMINISTRATIVE MEASURES OF THE SECOND DEGREE, AND SELF-PROTECTION.
THE ADMINISTRATIVE ARRANGEMENTS.
THE ACTIVITY OF PRIVATE LAW OF PUBLIC ADMINISTRATION.

THE EXPROPRIATION FOR PUBLIC USE.
THE EMINENT DOMAIN: GENERAL. PRINCIPLE OF LEGALITY. THE CONSOLIDATED LAW ON EXPROPRIATION FOR PUBLIC UTILITY: A) OBJECT B) SCOPE. THE LEGISLATIVE AND ADMINISTRATIVE COMPETENCE IN THE FIELD OF EMINENT DOMAIN.
THE PHASES OF THE EXPROPRIATION PROCEEDINGS: PREMISE. THE PHASE OF THE SUBMISSION OF THE BOND PREORDAINED EXPROPRIATION.
THE PHASE OF THE DECLARATION OF PUBLIC UTILITY. THE APPROVAL OF THE FINAL DESIGN. THE APPROVAL OF A DRAFT OF A WORK NOT CONFORM TO URBAN FORECASTS.
DETERMINING COMPENSATION FOR EXPROPRIATION.
ARTICLE. 22A: EMERGENCY EMPLOYMENT INTENDED EXPROPRIATION.
THE DECREE OF EXPROPRIATION.
THE PAYMENT OF COMPENSATION FOR EXPROPRIATION.
THE CONSEQUENCES OF THE USE OF AN ASSET FOR PURPOSES OF PUBLIC INTEREST IN THE ABSENCE OF A VALID ABLATION MEASURE.
THE VOLUNTARY TRANSFER.
RELEGATION.
TEMPORARY EMPLOYMENT.
JUDICIAL PROTECTION IN THE FIELD OF EMINENT DOMAIN.

CONSTRUCTION AND URBAN DEVELOPMENT.
THE PLANNING SUPRA.
THE MUNICIPAL DEVELOPMENT PLAN.
IMPLEMENTATION PLANS.
THE TECHNICAL IMPLEMENTATION OF THE PROVISIONS OF THE PLAN AND EQUALIZATION.
THE MUNICIPAL DEVELOPMENT PLAN OF THE CITY OF SALERNO.

THE PUBLIC CONTRACTS.
THE DISCIPLINE OF PUBLIC CONTRACTS FOR WORKS, SERVICES AND SUPPLIES. THE ITALIAN LEGISLATIVE FRAMEWORK. THE PUBLIC CONTRACTS CODE, THE THREE CORRECTIONS, THE IMPLEMENTING REGULATION AND IMPLEMENTATION OF THE CODE, THE APPEALS DIRECTIVE. THE SOURCES OF DISCIPLINE. THE LEGISLATIVE COMPETENCE OF THE STATE AND REGIONS.
THE TYPE OF CONTRACTS. THE MIXED CONTRACT OF PLANNING AND EXECUTION. TENDERS FOR WORKS IN BODY AND SIZE. A NEW TYPE OF CONTRACT: LEASE FINANCING FOR THE CONSTRUCTION OF PUBLIC WORKS. THE SERVICE CONTRACTS.
THE SUBJECTS REQUIRED TO FOLLOW THE PROCEDURES OF PUBLIC EVIDENCE. THE PEOPLE ADMITTED TO THE RACES, THE REQUIREMENTS OF A GENERAL QUALIFICATION.
THE PROCUREMENT PROCEDURES: GENERAL OBSERVATIONS. COMMUNITY TERMINOLOGY. THE PRINCIPLE OF TYPICALITY AND STRINGENCY OF PROCEDURES FOR AWARDING COMMUNITY. THE OPEN PROCEDURE. THE RESTRICTED PROCEDURE. THE NEGOTIATED PROCEDURE. THE COMPETITIVE DIALOGUE. THE FRAMEWORK AGREEMENT.
THE CRITERIA FOR SELECTION OF TENDERS. ABNORMALLY LOW TENDERS.
THE CONTRACTS BELOW THRESHOLD AND CREDIT IN THE ECONOMY. THE CONCESSIONS OF PUBLIC WORKS AND SERVICES.
THE PROJECT FINANCING.
THE EXECUTION PHASE OF THE CONTRACT.
DISPUTES: ARBITRATION AND JURISDICTION.

	Teaching Methods
	LECTURES, SEMINARS ON ISSUES AND DISCUSSION BY STUDENTS.

	Verification of learning
	ORAL EXAMINATION

	Texts
	- C. GUACCI - S.PERONGINI (A CURA DI), PROFILI GIURIDICI DELL'ESPROPRIAZIONE PER PUBBLICA UTILITÀ, GIAPPICHELLI, 2013. - S. PERONGINI, PROFILI GIURIDICI DELLA PEREQUAZIONE URBANISTICA PEREQUATIVA, GIUFFRE', 2005; - F.G.SCOCA (A CURA DI), DIRITTO AMMINISTRATIVO, TORINO, 2014, SOLO IL CAPITOLO 2, PARTE 5, SU "I CONTRATTI DELLA PUBBLICA AMMINISTRAZIONE".

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Sergio PERONGINI | LEGISLAZIONE DELLE OPERE PUBBLICHE E DELL'EDILIZIA, DIRITTO URBANISTICO E SOCIOLOGIA