B030898 - PUBLIC ADMINISTRATION LAW IN ACTION

Italian

Italian

Italian

The knowledge to be acquired concerns the system of local authorities in the framework of Title V of the Constitution and subsequent reforms

After a short introduction about the historical development of the legislation regarding the No profit organisations, the course will deal with the reationship between No profit organisations and the public administration, analysing the reguation given by the Non Profit Organisation Code, adopted in 2017 and the European and Italian case law.

The course concerns the italian legal discipline of the public law contracts.

(a) L. VANDELLI, Il sistema delle autonomie locali, VIII ediz., Bologna, il Mulino, 2021;
(b) W. GASPARRI (a cura di), Alla ricerca dei modelli di governo dell'area vasta, Torino, Giappichelli, 2020, pp. 1-101 e 115-162.
Further bibliographical references may be provided by the lecturer during the lessons.

For NON attending students:PIERLUIGI CONSORTI, LUCA GORI, EMANUELE ROSSI, Diritto del Terzo settore, Bologna, Il Mulino, 2021, capp. I,II,III,IV, VI, VII,VIII, IX, Conclusioni;
FREDIANI, Emiliano, I rapporti con la pubblica amministrazione alla luce dell'art. 55 del codice del Terzo settore. In Non profit paper, 2017 n. 3, pag. 157-172
ALBANESE A, I servizi sociali nel codice de terzo settore e nel codice dei contratti: dal conflitto alla complementarietà, in Munus, Rivista giuridica dei servizi pubblici, n. 1/2019 pag. 139-186
Cases:
Corte Costituzionale n. 131/2020
Corte di Giustizia UE 29 novembre 2007 C-119/06 Commissione c. Regione Toscana
Corte di Giustizia UE 11 dicembre 2014 C- 113/13 ASL n. 5 Spezzino
Corte di Giustizia UE 28 gennaio 2016 C-50/14 Consorzio Artigiano Servizio Taxi e Autonoleggio (CASTA).
Attending student will receive indications and case studies at the biginning of the course and through Moodle Platform

Marcello Clarich, Manuale di Diritto amministrativo, Bologna, il Mulino, ultima edizione, chapters n. 8, 9 e 12.

Capacity to find normative, jurisprudential and bibliographic material for purposes of the reconstruction of the regulations in force and of the identification and solution of legal issues posed by the organization and activity of local governments, so as to be able to perceive the differences and the elements of continuity, and to trace back the current evolution to the principles and general categories of constitutional and administrative law , as well as to outline the co-ordinates useful for following the reform processes underway.

The course is aimed to give awareness about the different forms of the relationship between No profit organisations and public administrations after the adoption of Third Sector Code.

To better the knowledge about the legal discipline of public law contracts.

Readiness for the exam requires having knowledge of the fundamental notions of General Constitutional Law, Private Law I and General Administrative Law.

It is higly recommended to attend the course and the exam after having passed the exam of diritto amministrativo (and constitutional law for the Third Sector)

It is advisable to have studied the institutional course of Administrative Law.

Traditional classroom lectures. The classroom lectures will be alternated with the analysis of some of the main topics of the law of local authorities according to seminars, with the active participation of students and the presence of some experts in the field.

Students will be required to intervene and discuss readings and case law

Lessons will be taken in the traditonal form with some written supports.

Sensitivity to the legal profiles of the current phase of regulation of local governments within the framework of their constitutional and administrative configuration, and to legal issues associated with local governments.

registration on the moodle platform is required

Attending the lessons is not an obligation, but it is advisable.

Oral exam. The exam aims at verifying the preparation and the ability of each student to present themselves in relation to the training objectives of the course. The verification method will be oral, generally organized around three questions suitable to verify the student's preparation on the entire program as well as the ability to connect the different institutions and the different concepts and also includes the examination of the sentences indicated in the context of the unfolding. of the course
The attribution of votes will be made according to the following criteria:
28-30: complete answers that highlight the mastery of the subject with the ability to relate the different institutes, a strong personal reflection and a precise lexical property;
26-27: correct and exhaustive answers that demonstrate an appropriate organization of the contents of the subject and a good lexical property;
24-25: correct but not complete answers that do not highlight the correlations between the various topics, with a lexicon that is not always appropriate;
22-23: summary answers that present uncertainties and deficiencies in the understanding of the institutes and an uncertain vocabulary;
18-21: answers just sufficient to demonstrate the acquisition of basic notions with an elementary lexicon.

Oral examination, aimed to check both Knoledge of the key concepts of the topic and reasoning skills on the norms and case law examined

The test will be oral.
For people who attend the course there will be an exam before the norma l session.

The subject matter of the course is: a) the system of local authorities, with particular attention to the role of local governments within the current constitutional framework, and to the relevant organizational/functional profiles; b. the regulation of governance models for the wider area.

The evolution of the relatuonship between non profit organisations and public administrations; principle of subsidiarity and its implementation; the instruments of the "new paradigm" in the relationship between P-a- and NPO after the Non profit Code

The course concerns the main topics of the public law contracts. In particilar the lessons will be focuseed on the administrative procedure before the contract is signed and its execution.

goals n. 3,4,10,16