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; the role of public administration in the Italian constitutional framework; the features, types and rules of administrative action and the problem of invalidity of administrative decisions in the light of the recent legislative reforms. The Italian system of judicial review of administrative action will be described in broad outline.
Course Content - Last names E-N
The course concerns the principles of administrative law; the role of public administration in the Italian constitutional framework; the features, types and rules of administrative action and the problem of invalidity of administrative decisions in the light of the recent legislative reforms. The Italian system of judicial review of administrative action will be described in broad outline.
V. Cerulli Irelli, Lineamenti del diritto amministrativo, IV ediz., Torino, Giappichelli, 2014;
M. Clarich, Manuale di diritto amministrativo, II ediz., Bologna, Il Mulino, 2015;
F. Merloni, Istituzioni di diritto amministrativo, II ediz., Torino, Giappichelli, 2015;
D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione, VII ediz., Bologna, Il Mulino, 2014.
Other reference books: E. Casetta, Manuale di diritto amministrativo, XVII ediz., Milano, Giuffrè, 2015; F.G. Scoca (a cura di), Diritto amministrativo, III ediz., Torino, Giappichelli, 2014.
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, 2015.
For attending students, the readings will be indicated at the beginning of the course.
Non-attending students can choose one of the following readings:
-D. Sorace, Diritto delle pubbliche amministrazioni. Una introduzione, il Mulino, Bologna;
V. Cerulli Irelli, Lineamenti del diritto amministrativo, Giappichelli, Torino;
F.Merloni, Istituzioni di Diritto Amministrativo, Giappichelli, Torino;
M.Clarich, Manuale di diritto amministrativo, il Mulino, Bologna.
Attending and non-attending students will have to get used to the Italian Constitution, the most important rules, starting with legge n. 241/1990 and its amendments (the texts of the administrative rules can be found in the Gazzetta Ufficiale, in the legislation reviews, in the databases of legislation, and also in various legislative anthologies).
For attending students, the readings will be indicated at the beginning of the course.
Non-attending students can choose one of the following readings:
- D. Sorace, Diritto delle pubbliche amministrazioni. Una introduzione, il Mulino, Bologna;
- V. Cerulli Irelli, Lineamenti del diritto amministrativo, Giappichelli, Torino;
- F.Merloni, Istituzioni di Diritto Amministrativo, Giappichelli, Torino;
- M.Clarich, Manuale di diritto amministrativo, il Mulino, Bologna.
Attending and non-attending students will have to get used to the Italian Constitution, the most important rules, starting with legge n. 241/1990 and its amendments (the texts of the administrative rules can be found in the Gazzetta Ufficiale, in the legislation reviews, in the databases of legislation, and also in various legislative anthologies like).
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
Knowledge
Students will have to gain knowledges concerning, first of all, the meanings of the notions of public powers, of administration and of public administrations 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 fundamental discipline 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 organization, the activity and the jurisdictional protection, in consideration of the peculiarity of the juridical relations between individuals and public administrations. For this purpose, students will have to get used to the relevant legislation, and in particular to the administrative proceedings general act (“Legge generale sul procedimento amministrativo” – l. n. 241/1990), to the most significant case law, and to the elaborations of doctrine.
Skill
A) Students have to acquire the basic tools required, on the one hand, for a thorough study of the general part of the administrative law 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 capability to identify the distinctive features that can be involved in the relationship between individuals and public administrations by comparison with the relationships among individuals.
C) Students have to acquire cultural and conceptual equipment sufficient to work, even though not autonomously, in a public administration or in a relationship with a public administration.
Proficiency
Students have to acquire the awareness of problematic relationship between public and private interests in the public administration activity and of the peculiarity of Italian administrative law because of its close relation with private law and of its placement in European law, and furthermore because of the specific importance of general principles, general and sectorial legislation and administrative case law.
Learning Objectives - Last names E-N
Knowledge
Students will have to gain knowledges concerning, first of all, the meanings of the notions of public powers, of administration and of public administrations 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 fundamental discipline 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 organization, the activity and the jurisdictional protection, in consideration of the peculiarity of the juridical relations between individuals and public administrations. For this purpose, students will have to get used to the relevant legislation, and in particular to the administrative proceedings general act (“Legge generale sul procedimento amministrativo” – l. n. 241/1990), to the most significant case law, and to the elaborations of doctrine.
Skill
A) Students have to acquire the basic tools required, on the one hand, for a thorough study of the general part of the administrative law 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 capability to identify the distinctive features that can be involved in the relationship between individuals and public administrations by comparison with the relationships among individuals.
C) Students have to acquire cultural and conceptual equipment sufficient to work, even though not autonomously, in a public administration or in a relationship with a public administration.
Proficiency
Students have to acquire the awareness of problematic relationship between public and private interests in the public administration activity and of the peculiarity of Italian administrative law because of its close relation with private law and of its placement in European law, and furthermore because of the specific importance of general principles, general and sectorial legislation and administrative case law.
Prerequisites
For admission to take the exam the candidate must have successfully completed: General Constitutional Law, Private Law I.
Prerequisites - Last names A-D
In order to sit for the exam, students have to had passed the exams of Diritto costituzionale generale (Constitutional law – general part) and Diritto private I (Private law I).
Prerequisites - Last names E-N
In order to sit for the exam, students have to had passed the exams of Diritto costituzionale generale (Constitutional law – general part) and Diritto private I (Private law I).
Teaching Methods
Traditional classroom lectures.
Teaching Methods - Last names A-D
Traditional lectures – 72 hrs
Teaching Methods - Last names E-N
Traditional lectures – 60 hrs.
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
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. 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
For both attending and non-attending students, the exam starts with an admission multiple-choice written test, so as to verify the level of knowledge and comprehention of institutional elements and fundamental notions. The test will last max 30 min.; the test will be marked immediately and after that the oral exam will start.
The exam can concern also the knowledge of fundamental notions of private law and of constitutional law, the Italian autonomistic structure, the regional and local system.
Type of Assessment - Last names E-N
For both attending and non-attending students, the exam starts with an admission multiple-choice written test, so as to verify the level of knowledge and comprehention of institutional elements and fundamental notions. The test will last max 30 min.; the test will be marked immediately and after that the oral exam will start.
The exam can concern also the knowledge of fundamental notions of private law and of constitutional law, the Italian autonomistic structure, the regional and local system.
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 administration, politics, law. Administrative law and private law. The legality principle in its both functions of orientation for the administrative activity and of protection of individual rights. Italian and European law. Main characteristics, acts, organizational framework of the diverse administrative functions (regulations, services, instrumental and auxiliary functions) and the position of individuals in front of their exercise. General notions, principles and problems concerning the organizational framework of public administrations. Substantive principles related to the administrative activities. The administrative procedure and its possible conclusions with unilateral or consensual acts. Invalidity and mere irregularity of administrative acts and their consequences. Responsibility of public administration. Legitimate interests and jurisdictional framework.
Course program - Last names E-N
Public administration, politics, law. Administrative law and private law. The legality principle in its both functions of orientation for the administrative activity and of protection of individual rights. Italian and European law. Main characteristics, acts, organizational framework of the diverse administrative functions (regulations, services, instrumental and auxiliary functions) and the position of individuals in front of their exercise. General notions, principles and problems concerning the organizational framework of public administrations. Substantive principles related to the administrative activities. The administrative procedure and its possible conclusions with unilateral or consensual acts. Invalidity and mere irregularity of administrative acts and their consequences. Responsibility of public administration. Legitimate interests and jurisdictional framework.