The first part of the course will focus on the principles of administrative law and on the role of public authorities in the Italian constitutional framework. In a second part, the features, types and rules of the administrative action will be analysed, according to the several recent legislative reforms which makes the framework instable and uncertain. The course will focus eventually on the issues concerning the invalidity of administrative decisions and on the judicial review.
Course Content
The knowledge to be acquired regards the meanings of the notions of public powers and of public administration in a complex society, as well as the sense of administrative law. Moreover, the legal regulation of the principal functions of the public administrations will be studied, as will the general concepts, principles and institutions having to do with the profiles of the organisation, activities and jurisdictional protection.
Course Content - Last names A-D
The course concerns the principles of administrative law and the role of public administration in the Italian constitutional framework; it will deal with the features, types and rules of administrative action in a complex society, outlining the administrative organisation and functions as well.
Students can choose among:
- D. Sorace, Diritto delle pubbliche amministrazioni. Una introduzione,il Mulino, Bologna, 2016;
- M.Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, 2017.
It is suggested to discuss the choice of the reading with the teacher, so to be able to evaluate the best options following the objectives and personal attitude of the student.
W. Gasparri, Elementi di diritto amministrativo. Principi e organizzazione, Torino, Giappichelli, 2017, together with V. Cerulli Irelli, Lineamenti del diritto amministrativo, V ediz., Torino, Giappichelli, 2016, pp. 227-546.
alternatively
D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione,IX ediz., Bologna, Il Mulino, 2018.
Other reference manuals:
- e. casetta, manuale di diritto amministrativo, milano, giuffrè, ult. ediz.
- m. clarich, manuale di diritto amministrativo, bologna, il mulino, ult. ediz.
- r. ferrara, introduzione al diritto amministrativo, roma-bari, laterza, ult. ediz.
- e. picozza, introduzione al diritto amministrativo, padova, cedam, ult. ediz.
- f.g. scoca (a cura di), diritto amministrativo, torino, giappichelli, ult. ediz.
- s. tarullo, manuale di diritto amministrativo, bologna, zanichelli, ult. ediz.
For the preparation of the test is recommended: W. Gasparri, Quesiti di diritto amministrativo, II ediz., Torino, Giappichelli, 2014.
During the lectures will be made available to the attending students, through the appropriate university web platform, lecture notes on the principal elements of the subject.
For legislation, in addition to the website www.normattiva.it (which also provides the historical text of the law) has recommended the collection edited by R. Chieppa, Codice di diritto amministrativo, Milano, Giuffrè, ult. ediz.
M. Clarich, Manuale di diritto amministrativo, II ediz., Bologna, Il Mulino, latest edition, esclusi i paragrafi 8,9,10 e 11 del cap. XIV;
or
D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione, VIII ediz., Bologna, Il Mulino, latest edition
Knowledge of the most important laws regarding administrative organisation and procedure is required
Slides and case-law materials will be available on the Moodle platform of the course for the students enrolled to the course.
Learning Objectives
Knowledge
Students will have to gain knowledges concerning the meanings of the notions of public powers, administration and public authorities in a complex society, and the significance of administrative law in relation to private law and constitutional law. Furthermore, students will have to study the basic regulations concerning the most important functions of Italian public administrations, as resulting from Italian EU membership, and the notions, the principles and the general regulatory schemes relating to the administrative organization, the administrative activity and the jurisdictional protection against administrative bodies, in consideration of the peculiarity of the juridical relations between individuals and public authorities. For this purpose, students will have to get used to the relevant legislation, and in particular to the administrative proceeding general act ("Legge generale sul procedimento amministrativo" – l. n. 241/1990), to the most significant case law, and to the elaborations of scholars.
Skill
A) Students have to acquire the basic tools required, on the one hand, for a study of the general part of the administrative law and from the point of view of the judicial review of administrative action; on the other hand, for the study of the law concerning the various special sectors of public administration.
B) Students have to acquire the capacity to identify the distinctive features of the relationship between individuals and public administrations in comparaison with "ordinary" relationships among individuals.
C) Students have to acquire the cultural and conceptual tools which are necessary to understand public authorities' functioning.
Learning Objectives
A) Acquisition of the basic instruments necessary for the in-depth study of: 1) general administrative law from the standpoint of administrative justice; 2) law pertaining to different sectors of action of the public administrations.
B) Capacity to single out the peculiarities that may be present in the relation between a private individual and a public administration compared with a relation between private individuals.
C) Possession of cultural and notional tools sufficient for working practically, even if not autonomously, in public administrations or in contexts of dealings with public administrations.
Learning Objectives - Last names A-D
A) Acquisition of the basic instruments necessary for the in-depth study of: 1) general administrative law from the standpoint of administrative organisation and activity; 2) law pertaining to different sectors of action of the public administrations.
B) Capacity to single out the peculiarities that may occurr in the relation between a private individual and a public administration compared with a relation between private individuals.
C) Awareness of italian Administrative Laws setting in European Law .
D) Possession of cultural and notional tools sufficient for working practically, even if not autonomously, in public administrations or in contexts of dealings with public administrations.
Prerequisites
Students must have passed the exams of Diritto costituzionale generale (Constitutional law – general part) and Diritto private I (Private law I). The knowledge of Italian Constitutional Law and of Italian Private Law is required
Prerequisites
For admission to take the exam the candidate must have successfully completed: General Constitutional Law, Private Law I.
Prerequisites - Last names A-D
For admission to take the exam, the candidate must have successfully completed: General Constitutional Law, Private Law I.
Teaching Methods
Lectures and seminars on case law aiming at verifying the learning process by the practical application of principles and laws. Self-evaluation tests will be periodically available through the Moodle Platform.
Teaching Methods
Traditional classroom lectures. the classroom lectures will be accompanied by the examination of some cases and materials on administrative law according to seminar methods with the active participation of the students.
Teaching Methods - Last names A-D
A)Traditional classroom lectures.
B) Workshops on case law or administrtive acts, which could involve the partecipation of public servants or external experts
Further information
Student must subscribe through the Moodle platform by the second week of lesson. No more than 4 justifications will be allowed.
Further information
Awareness of the problematic nature of the relationship between public interests and private interests in the public administration, as well as the peculiarity of Italian law on public administrations as much for its close relations with private law and for its setting in European law as for the specific importance that general principles, general legislation, sector legislation and administrative jurisprudence assume in it.
Type of Assessment
The final exams is composed by a written and an oral exam.
The written exam consists
a) in a test composed by 15 close-ended questions: 12 has one correct answers; 3 can have one, more than one, or no correct answer. Starting from 30, each wrong question counts for -2; each non given questions – 1 (max non given answers admitted is 3). The time for the exam is 30 minutes.
b) In a test composed by a two open-ended questions, the first more general, the second requiring a personal elaboration of the topic. The time for answering is 45 min. The answer must not overcome 2 pages A4.
The average of the assessments of the two tests determines the final assessment.
If the final assessment is 21 or lower or if it is 28 or higher, the oral exam is compulsory. For the other cases is optional. The oral exam will include three questions: the first one on a general topic, the second one on a more specific topic, the third one requiring a personal reflection and the skill to emphasize the link between different topics.
The oral exam will be held approximately one week after the written tests.
The consultation of legislation during the written tests is forbidden; it is admitted during the oral exam.
For those attending regularly the course, an intermediate written exam is optionally provided (according the same rules of the final written exam: 15 close-ended questions and 2 open ended questions - same rules for the assessment) , on the first half of the program (which then will not be part of the final exam). The final assessment will be determined as the average of the intermediate exam assessment and those of the final one. The oral exam will include three questions: the first one on a general topic, the second one on a more specific topic, the third one will require personal reflections on one ore more subjects.
Type of Assessment
Final exam for credit: the exam includes, for attending students and for non-attending students, also a multiple choice written test before the test in oral form.
For students attending will be scheduled an intermediate written exam, on a part of the program that in case of positive result will not be the specific object of the final exam.
The examination aims to verify the preparation and presentation skills of each student in relation to the training objectives of the course.
Type of Assessment - Last names A-D
Final exam for credit: The exam for both attendees and others includes a written test and in same cases also an oral one.
Course program
Public administration, policy, law. Administrative law and private law. Rule of Law. Italian law and EU law. The different functions of public authorities and their regime (regulations, adjudication, public utilities, instrumental and auxiliary functions). General notions, principles and problems concerning administrative organisation. Substantive principles pertaining to administrative activities. Administrative proceedings and the conclusion thereof with unilateral measures or consensual acts. Invalidity and irregularity of administrative acts and their consequences. The responsibility/liability of public administrations. Legitimate interests and the system of jurisdictional protection.
Course program
Public administration, policy, law. Administrative law and private law. Legality in terms of direction and of guarantee. Italian law and EU law. The characteristics, acts, subjective legal status and organisational apparatus of the different functions (regulations, services, instrumental and auxiliary functions). General notions, principles and problems concerning administrative organisation. Substantive principles pertaining to administrative activities. Administrative proceedings and the conclusion thereof with unilateral measures or consensual acts. Invalidity and irregularity of administrative acts and their consequences. The responsibility/liability of public administrations. Legitimate interests and the system of jurisdictional protection.
Course program - Last names A-D
Public administraton in italian constitutional framework. Relations between Administrative law and private law. Legal principles ruling the administrative action. Relation between Italian administrative law and EU law. The different functions of public administrations activity (regulatory activity, public services, instrumental and auxiliary activities) and their organisation. Administrative procedure. Unilateral or consensual administrative acts. Invalidity and irregularity of administrative acts and their consequences. Legitimate interests and their jurisdictional protection. Responsibility of public administrations and of civil servants