Course teached as: B027692 - DIRITTO AMMINISTRATIVO (CASI E MATERIALI) 5-years Single Cycle Degree in LAW
Teaching Language
italian
Course Content
The course focuses on the basic notions of administrative law and is based on the examination of normative and case-law materials.
The course is divided into two parts. The first part deals with the following aspects: the principles of administrative law; the organization of public administrations; the procedural guarantees. The second part is dedicated to the sector of public contracts.
The students attending the course can take the exam on the materials (case law and normative texts) discussed in class.
For students who do not attend, the program is as follows:
- L. Torchia (a cura di), La dinamica del diritto amministrativo. Dieci lezioni, Bologna, Il mulino, 2017: capp. I (Studiare il diritto amministrativo oggi), II (Il procedimento amministrativo), III (Il principio di proporzionalità dell'azione amministrativa), IX (Il giudice e l'amministrazione)
- F.G. Scoca (a cura di), Diritto amministrativo, Torino, Giappichelli, Parte 5, cap I (gli accordi) e cap. 2 (I contratti della pubblica amministrazione).
Learning Objectives
The course is based on a case-studies approach. The main objective is to enhance students's ability to analyze problems of administrative law, develop a problem-solving approach, acquire critical awareness in the use of the fundamental notions they have already studied in the course of General Administrative Law (Diritto amministrativo generale).
The class discussion of judgments and normative texts aims, in particular, to stimulate the attitude to legal reasoning, which is required in the professional realm that students will enter after the conclusion of the academic experience.
Prerequisites
The exams in Constitutional Law (general) and Private Law I must be passed in advance
Teaching Methods
Classroom discussion on cases and materials of administrative law. The attendance, when it is possible, is recommended
Further information
The attendance will be verified by nominal call in the class. Students who have attended at least 2/3 of the lessons are considered "attending students".
Type of Assessment
For attending students there are two written tests (one, at half course, the other, at the end of the course).
The written tests consist in the analysis of a judgement chosen by the teacher, to be carried out in two hours. The space dedicated to writing is not limited.
The written test is evaluated as:
a) insufficient if the student limits him/herself to a mere description of the judgment, without any attempt of genuine legal reasoning;
b) sufficient, if there is an embryonic attempt to develop critical reasoning about the pronunciation;
c) excellent, if the student fully articulates his own understanding and critical analysis of the case.
For attending students who do not intend to take the written test and for non-attending students, the exam will take place in oral form.
The oral examination consists of questions of legal reasoning, aimed at verifying the student's attitude to understand and solve an administrative law problem. The examination is evaluated as:
a) insufficient if the student does not respond and limits him/herself to a mere description of the judgment, without any attempt of genuine legal reasoning;
b) sufficient, if there is an embryonic attempt to develop critical reasoning about the pronunciation;
c) excellent, if the student fully articulates his own understanding and critical analysis of the case.
Moreover, in the evaluation of the exam (both written and oral), the clarity in the presentation and the correct use of the technical legal language assume an important role.
Course program
The course focuses on the following topics, which will be addressed starting from the analysis of a practical case (a sentence) or from normative material previously provided by the teacher.
The object of the first part of the course are the basic principles of administrative law, the organization of public administrations and the administrative procedure. In particular, the focus is on the following aspects: the principle of legality; the principle of proportionality; the principle of non-discrimination; the organization of ministries; the independent administrative authorities; the public entities; the administrative procedure; the motivation of administrative acts.
The second part of the course is dedicated to public procurement. The following specific aspects are addressed: the notion of public administration; the access to administrative acts in the field of public procurement; the public procurement procedure (announcement, specifications, etc.); the in-house providing; the regime of the awarded contracts; the judicial remedies.