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
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 E-N
The first part of the course will focus on the principles of administrative law; the role of public authorities in the Italian constitutional framework. In a second part, the features, types and rules of the administrative action and the problem of invalidity of administrative decisions will be analysed, according to the several recent legislative reforms.
For attending students, the readings will be indicated at the beginning of the course.
Non-attending students of Scienze dei Servizi Giuridici may choose one of the following readings:
M.Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, 2017.
F.Merloni, Istituzioni di Diritto Amministrativo, Giappichelli, Torino, 2016. The students of LM Giurisprudenza may also choose
D. Sorace, Diritto delle pubbliche amministrazioni. Una introduzione, il Mulino, Bologna,
2016.
Firthermore slides and materials will be available on the Moodle platform of the course for the students enrolled to the course.
Attending and non-attending students will have to get used to the Italian Constitution, to 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).
V. Cerulli Irelli, Lineamenti del diritto amministrativo, V ediz., Torino, Giappichelli, 2016;
M. Clarich, Manuale di diritto amministrativo, III ediz., Bologna, Il Mulino, 2017;
D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione, VIII ediz., Bologna, Il Mulino, 2016.
Other reference books: E. Casetta, Manuale di diritto amministrativo, XIX ediz., Milano, Giuffrè, 2017; F. Merloni, Istituzioni di diritto amministrativo, II ediz., Torino, Giappichelli, 2015;
F.G. Scoca (a cura di), Diritto amministrativo, V ediz., Torino, Giappichelli, 2017; S. Tarullo, Manuale di diritto amministrativo, Bologna, Zanichelli, 2017.
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.
Students can choose among:
- D. Sorace, Diritto delle pubbliche amministrazioni. Una introduzione,il Mulino, Bologna, 2016;
- V. Cerulli Irelli, Lineamenti del diritto amministrativo, Giappichelli, Torino, 2016;
- F.Merloni, Istituzioni di Diritto Amministrativo, Giappichelli, Torino, 2016;
- M.Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, 2017.
It is suggested to discuss the choice of the reading with the teacher.
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
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 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 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 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 proceeding 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 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 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.
Prerequisites
For admission to take the exam, the candidate must have successfully completed: General Constitutional Law, Private Law I.
Prerequisites
For admission to take the exam the candidate must have successfully completed: General Constitutional Law, Private Law I.
Prerequisites - Last names E-N
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
Teaching Methods
A)Traditional classroom lectures.
B) Workshops on case law or administrtive acts, which could involve the partecipation of public servants or external experts
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 E-N
Lectures and seminars on case law aiming at verifying the learning process by the practical application of principles and laws.
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.
Further information - Last names E-N
Student must subscribe through the Moodle platform by the second week of lesson. No more than 4 justifications will be allowed.
Type of Assessment
Final exam for credit: The exam for both attendees and others includes a written test
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 E-N
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.
Course program
Public administrationspolicy and law. Administrative law and private law. principle of legality. Italian law and EU law. The different functions (regulations, services, instrumental and auxiliary functions) and their organisation. Administrative proceedings. 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 their servants
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 E-N
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.