Registrations are open
"Corruption undermines citizens' trust in democratic institutions and the rule of law, damages the European economy and deprives states of a much-needed tax revenue": this is what EU Home Affairs Commissioner Cecilia Malmström stated in February 2014, on the occasion of the Anti-Corruption Report, specifying at the same time that 'the Member States have done a lot in recent years to fight corruption, but today's report shows that it is far from enough'.
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.
Basically, the new legislation, focused on strengthening prevention policies aimed at empowering officials and politicians, in an attempt to balance the burden of fighting corruption, which currently falls almost exclusively on the police and the judiciary.
However, said law is not easy to understand, especially because of the natural complexity of certain legal institutions, which require public employees and stakeholders to keep up-to-date with the law. This occurs in order to understand the exact legal perimeter set up by the national legislator to safeguard good administrative practices, guaranteeing useful tools for the prevention of corruptive phenomena within the Public Administrations.
Despite Italy's considerable efforts, corruption still remains a worrying phenomenon and some strategic sectors of the administrative system (above all, that of public procurement regulated by Legislative Decree no. 50/2016 and subsequent amendments and additions) are, due to their economic relevance, still strongly exposed to the influence of organised crime.
Hence the need to produce a further general effort to promote an increasingly effective awareness-raising campaign towards knowledge of and respect for law, legality and ethics, also with the support of special training courses (university and post-graduate) and regulatory refresher courses that illustrate the serious risks and multiple responsibilities associated with a distorted use of administrative action.
Objective of the Master in "Anti-corruption and Public Procurement. A new model of public ethics: legal answers and new protagonists" is the theoretical-practical study of anti-corruption legislation from an administrative, criminal and international perspective, with the aim of training highly skilled senior figures in the Public Administration, as well as technicians and professionals in the sector, to support actions to combat the phenomenon of corruption.
Specific emphasis is placed on the study and knowledge of public procurement as per Legislative Decree no. 50/2016 and subsequent amendments and additions, highlighting the risk profiles and critical issues related to individual award procedures.
Due to its particular degree of specialisation and detail, the master aims to train highly skilled professionals.
Target students and career opportunities
The Master us mainly addressed to:
- Candidates who attained a Master's Degree in Law, Economics, Business Administration, Labour Market and Industrial Relation, Political Science, Social Science and equivalent qualifications.
- Public Administrations: executives, officials and civil servants primarily called upon to manage public expenditure and the administrative staff, for the purpose of granting the correct respect of the constitutional principles of the public action ex art. 97 Cost.
- Armed Forces (Police, Carabineers, Financial Police, Penitentiary Police, Bodies of Municipal Police), called upon to 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 instance Legal or Personnel Departments, Purchasing Offices, companies operating in the field of public procurement and award procedures under Legislative Decree No. 50/2016).
- Freelancers collaborating in their various capacities with the Public Administrations, operating in sectors exposed to corruptive phenomena (public funding, credit lines, public contracts and concessions, public competitions, etc.).
The master stands in support to other educational pathways (even mandatory) of individual professions (lawyers, chartered accountants, labour consultants), providing them with added value in the study of particularlty critical and complex legal institutions, as well as being subject to constant regulatory change.
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).
The candidates of the Master must be in possession of a Bachelor's Degree (minimum requirement for the admission to the Master) or Specialist Degree, Master's Degree and/or "old system" Degree attained at an italian University or an equivalent institution.
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 annual tuition, without tax benefits, for the registration to the Master is € 10.000
Students wishing to enrol may request an appointment with the Guidance Office by calling +39 06 3400 6250
The internal Faculty is comprised of more than 70% of professors with over-five-year professional experience on the subject matter.
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.
UNIT 1 - GENERAL PRINCIPLES OF PUBLIC LAW IN TERMS OF ANTI-CORRUPTION
- The principles of balance for buget and sustainability of the public debt
- The changes made to the constitutional order by virtue of Const. Law n. 1/2012
- The general principles of the administrative action (art. 97 Cost.): the new models for economy and efficiency.
- Ethics and legality in the Public Administrations: the new public legal context
- Financial Police: role and functions to protect the public finance
- National Anti-Corruption Authority: role and function in the legal system
- Anti-corruption plans and the figure of the anti-corruption managers
UNIT 2 - NATIONAL RULES ON ANTI-CORRUPTION
- The national legislation on corruption. Field of application. Regulatory Framework.
- The regulatory framework of the crimes of bribery and corruption. National and international profiles.
- The crimes against the Public Admistration. General Principles.
- The figures of the public official and the public service provider.
- Crimes of corruption. The relation between corruption and the exercise of the function and for an act contrary to the duties of office. Incitement to corruption. Criminal and disciplinary liability
- Corruption and trafficking of illicit influences. Case law
- The interaction between corruption and organised crime. Evaluation of the policies against criminality (financial crime, cybertreath, transnational organized criminality)
- Corruption in the private sector. Analysis of the phenomenon, regulatory framework and liability of the institutions
UNIT 3 - ANTI-CORRUPTION REGULATIONS: CRIMES AGAINST THE PUBLIC ADMINISTRATIONS
- Corruption and abuse of office
- The phenomenon of corruption within the Public Administrations: case study and preventive measures (rotation, conflicts of interest, incompatibility).
- Crimes of concussion and undue induction to give and promise benefits. Case law
- The whistleblower. Figure, protection mechanisms and legal framework. Comparison hints
- Gender-based violence, false social communication. Procedural nods. Personal and capital measures. The requisition.
- Tax offences. Reference legislation
- Organizational models ex D.Lgs. n. 231/01, with particular reference to public-owned enterprises
UNIT 4 - ANTI CORRUPTION AND NEW ADMINISTRATIVE TRANSPARENCY
- Public Administration: subective classification. Public Companies
- Corruption and administrative transparency. The most exposed sectors: public procurement, award of contracts and consultancy
- Access to to the documents in the normative and jurispudential evolution: D.Lgs. n. 33/2013. Documentary, civic and generalized access
- The administrative process (L. n. 241/90): General principles and new legislation
- Documental flaws and the responsibility of the Public Administration
- Role and function of the Court of Auditors within a public legal framework: In particular: the jurisdiction of company owned societies
- Administrative responsibilities of the civil servants and loss of revenue. Case law
UNIT 5 - ANTI-CORRUPTION AND PUBLIC PROCUREMENT
- Anti-corruption and new code of public procurement
- The activity of the Public Administrations: legal basis
- The new code of public contract: new regulations. The ratio of the rules required by the national legislator
- Transparency and rationalization of public expenditure. Centralized purchasing: roles and functions of Consip S.p.A.
- Credit above and below threshold. Negotiated procedures.
- Direct Credit and the limits provided by the legislator. Regulatory activities. Case law
- Selection boards: role, powers, functions and responsibilities. Conflicts of interest
UNIT 6 - CRITICAL PROFILES IN ANTI-CORRUPTION RELATED TO THE AWARD PROCEDURES
- Economic operators and participation requirements to the award procedures
- Contract determination and call for competition. Harmful clauses and contesting them.
- Regularization: case law
- Award and stipulation of a contract: criticalities
- Litigation in the field of public procurement: the procedure
- The execution of public tendering
- The controls of the Public Administrations after the stipulation. Subcontracting, variants and reserves
Each candidate of Master's Degree is required to prepare a professional training Project Work consistent with the topics covered by the course.
Said Project Work is an integral part of the Master's teaching activity, and is subject to assessment, providing 15 university training credits (CFU).
The aim of the final project is to submit one or more innovative and/or improving solutions through an in-depth study of context variables, processes and application models. The project 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 individual or group: in the latter case, the individual contribution will be subject to specific evaluation.
The candidates will be required to take a final test at the end of each Unit. The grade attained for each test (expressed in thirtieths) will be an integral part of the final grade of the Master.