MSLV4800 The State and Municipalities as Market Actors – Public Procurement, State Aid, and Corporate Organization Course description

When the state and municipalities act as buyers or sellers in the market, they are subject to a range of rules that do not apply to private actors, including public procurement regulations and the prohibition of state aid. This course covers these and other rules designed to ensure that public market activities are conducted in a trustworthy and efficient manner, and on equal terms with private market participants. The primary focus is on the rules governing public procurement. One way to ensure equal competition is by separating public activities into independent companies. The legal characteristics of such organizational forms, their governance, and the consequences of such organization are also addressed. The EU law origins of these rules are a central aspect of this course.

Language of instruction is Norwegian.

Teaching is in the form of lectures, student presentations, discussions, group work and assignment. A high degree of independent activity is expected in the course. The teaching will mainly be problem-based using examples and cases from the students' practical experiences. Literature and studies of rulings are main components of the teaching sessions.

The teaching takes place with in-person attendance on campus.

After completing the course, the student should have the following overall learning outcomes defined in terms of knowledge, skills and general competence:

Knowledge

The student has

• knowledge of various ways to organize and expose public entities to market competition
• insight into the purposes that procurement regulations are intended to serve
• in-depth knowledge of planning, announcing, conducting, and concluding competitions in accordance with procurement regulations, as well as an understanding of the consequences of breaches of these regulations
• insight into the prohibition of public support and state aid issues related to public entities engaging in economic activities in the market
• knowledge of the international foundation of the regulations on public procurement and state aid
• understanding of the differences in regulation between private and public market activities

Skills

The student can

• identify and analyze legal issues and consequences of reorganization or market exposure processes
• identify when different parts of the public procurement rules apply
• analyse and deal with legal issues in connection with the announcement of procurement competitions, the conduct of such competitions, the evaluation of tenders received and the awarding of contracts

General competence

The student can

• work independently with practical, legal issues
• argue for the advantages and disadvantages of different forms of market exposure of public sector organizations
• explain in general terms certain basic premises for the public sector's market activity, such as freedom of contract, protection against bankruptcy, budgetary frameworks and the location of constitutional and political responsibility

The exam in the course is a report that can be submitted individually or in groups of up to three students. The report can be up to 10 pages long. The front page, table of contents and literature list is not included when the number of pages is calculated. Font and font size: Arial/Calibri 12 points. Line spacing: 1.5.

Students choose themselves practical labour law issues within the framework of the thematic content of the course.

Students awarded a fail grade are given one opportunity to submit an improved version of the report for assessment.

All aids are permitted, as long as the student follows the rules for examinations, source use and referencing, and OsloMet's guidelines for using artificial intelligence (AI) in student assignments.

Grade scale A-F

Comprehensive thinking, collaboration and implementation ability are important in the public sector. For several decades, the public sector has attempted to become more 'strategic' than before and the strategy concept is currently used by many public institutions in different contexts. This course studies what strategy is and how strategic thinking, management and leadership can be used in the public sector.

The course examines different definitions of strategy and various related traditions and tools, and studies how this can elucidate strategic management and leadership in the public sector. The course also examines how policy and the public sphere influence strategic management and leadership. Great emphasis is placed on using the international and Norwegian research literature on strategy in the public sector, and on studying how strategy is used and works in the public sector.

Through studies of basic problems relating to strategy and the characteristics of the public sector, as well as practical skills training in the use of strategy tools such as internal and external analysis, competitive analysis, value chain analysis and stakeholder analysis, the course defines grounds for using strategic management and leadership in planning, cooperation, reorganisation and renewal in the public sector.

Language of instruction is Norwegian.

None

After completing the course, the student should have the following overall learning outcomes defined in terms of knowledge, skills and general competence:

Knowledge

The student

• has advanced knowledge of strategic management and leadership and specialised insight into strategic management and leadership in the public sector
• is capable of using knowledge of strategic management and leadership in new areas of the public sector
• is capable of analysing relevant issues on the basis of strategic management¿s history, traditions, distinctive nature and place in society

Skills

The student is capable of

• analysing existing theories, methods and interpretations relating to strategy and working independently on practical and theoretical problems of relevance to the public sector
• analysing and taking a critical approach to different sources of information and using them to structure and formulate arguments in the field of strategic management in the public sector

General competence

The student is capable of

• carrying out an independent, limited research or development project under supervision and in accordance with applicable research ethical standards

The teaching is session-based in the form of lectures, student presentations, discussions, group work, seminars and excursion(s). Students will write assignments between the sessions. A high degree of independent activity is required, and physical attendance on campus is expected. The teaching will be problem-based using examples and cases from the students' practical experiences.