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| DROI0019-5 | Public contracting law and public-private partnership
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| Duration : | 20h Th, 10h Pr |
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| Number of credits : |
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| Lecturer : | Ann-Lawrence Durviaux |
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Language(s) of instruction :
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| French language |
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Organisation and examination :
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| Teaching in the first semester, review in January |
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Course contents :
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| The first part of this course is dedicated to the very notion of public procurement. The second part examines the various tender procedures (general and specific: "lowest price" criterion, "most economically advantageous tender" criterion, negotiated procedure, competitive dialogue, design contest, etc.). The third part of this course deals with the performance of public contracts and to tender specifications. The fourth part covers the principles applying to the control of public procurement by the judiciary: allocation of subject matters between the two judicial orders and judicial review. |
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Learning outcomes of the course :
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| At the end of this course, students should be able to:
a. master the key concepts of the subject from a theoretical and practical point of view; and to
b. apply the subject knowledge to factual situations similar to those faced in the professions to which their degrees give access;
c. evaluate critically the existing legal solutions, disputes and systems reviewed throughout this course;
d. make out their personal opinion and defend it in writing and orally in accordance with the standards of their specialisation (law, political sciences, management of human resources). |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| None |
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Planned learning activities and teaching methods :
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| The course consists of 30 hours of teaching, allocated as follows:
· 20 hours of lectures, covering the main issues of the subject;
· 10 hours of seminars during which:
o the subject is reviewed through cases (analysis) - of which the complexity increases gradually - and through questions favouring an analytical approach and enhancing the capacity for legal-problem solving in a particular factual situation; and
o specific sessions dedicated to the resolution of actual disputes are organised.
The course also includes writing an essay in accordance with the scientific standards of the students' specialisation (law, political sciences, management of human resources). The topic will be agreed upon with the lecturer before the end of the academic year. The essay should enable the students to consider in more detail some issue relevant to the course. It should also enable the students to organise their exposition of the law, on a personal and well-argued manner, both orally and in writing. The essay should be submitted and orally presented during the oral examination. It is weighted 50% of the final grade for the course. |
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Mode of delivery (face-to-face ; distance-learning) :
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| Lectures |
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Recommended or required readings :
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| Various articles by legal scholars, the list of which will be provided to the students during throughout the course.
Summaries provided by the lecturer
Documentation: legislation and case-law
PowerPoint slides are made available for each lecture
A.L. Durviaux, Logique de marché et marché public en droit communautaire, analyse critique d'un système, Brixelles, Larcier 2006 |
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Assessment methods and criteria :
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| An oral examination is organised. There is the opportunity to resit.
It is an open book examination.
The first part of the examination is dedicated to the oral presentation of the essay. The second part consists of questions to be replied to orally and designed to assess the critical and analytical mind of the students, as well as their knowledge of the subject. |
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Work placement(s) :
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| Not organised |
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Organizational remarks :
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| The course is held every even year (2012-2013, 2014-2015...). |
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Contacts :
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| Ann Lawrence Durviaux, professeur, al.durviaux@ulg.ac.be
Th. Delvaux, assistant, th.delvaux@ulg.ac.be |
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