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.

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

• 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 teaching approach is based on individual study, group work, and plenary sessions. To achieve the objectives of the course, solving various case assignments will be a key element. Students are expected to actively engage with these cases and the legal source materials available in the field. Literature studies will play an important role in this process.

No coursework requirements or compulsory activities.

The exam in the course is a supervised exam of 6 hours.

The following aids are permitted:

• • The exam module of Lovdata Pro

Grade scale A-F

The exam papers are assessed by one internal and one external examiner.

At least 25% of the exam papers will be assessed by two examiners. The grades awarded for the papers assessed by two examiners form the basis for determining the level for all the exam papers.

Trygve Harlem Losnedahl