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.
Course Content
The knowledge to be acquired concerns the system of local authorities following the constitutional reform of Title V of 2001, and recent legislative reforms.
Course Content - Part A
The knowledge to be acquired concerns the system of local authorities following the constitutional reform of Title V of 2001, and recent legislative reforms.
Course Content - Part B
The course focuses on the Italian system of juridictional and non juridictional protection against the public authorities
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).
(a) L. VANDELLI, Il sistema delle autonomie locali, VI ediz., Bologna, il Mulino, 2015, pp. 1-333, oppure F. STADERINI - P. CARETTI - P. MILAZZO, Diritto degli enti locali, XIV ediz. agg., Padova, Cedam, 2014, pp. 1-381 e 429-468;
(b) W. GASPARRI (a cura di), L’associazionismo municipale. Esperienze nazionali ed europee a confronto, Torino, Giappichelli, 2017, pp. 1-140.
Attending students may, at their option, prepare the exam on the lessons that will be available during the semester through the Moodle University platform and on the text (b).
Further bibliographical references may be provided by the lecturer during the lessons.
Part I: L. VANDELLI, Il sistema delle autonomie locali, VI ediz., Bologna, il Mulino, 2015, pp. 1-333
Parte II:
for not attending studentsi:
A. Police, Le risorse umane, in F. G. Scoca (a cura di), 84-593; M. D'Antona, Lavoro pubblico e diritto del lavoro: la seconda privatizzazione del pubblico impiego
nelle ‘Leggi Bassanini’, in Lavoro nelle pubbliche amministrazioni, 1996 (1), pagg. 35-64; A. Corpaci, Regime
giuridico e fonti di disciplina dei rapporti di lavoro nelle pubbliche amministrazioni, in Rivista giuridica del lavoro e
della previdenza sociale, 2010, pagg. 467-480; S.Battini La disciplina del lavoro pubblico tra
crisi del modello
privatistico e prospettive di riforma (Relazione al Convegno nazionale AIPDA, Roma 7/8 ottobre 2016), in
file:///C:/Users/dipub/Downloads/Relazione2017060914305
1.pdf
Attending students may, at their option, prepare the exam on the lessons that will be available during the semester through the Moodle University platform and on the text (b).
Further bibliographical references may be provided by the lecturer during the lessons. part. III text references will be given at the beginning of the course,
Part IV: M. Clarich, Manuale di diritto amministrativo, II ediz., Bologna, il Mulino, 2013, cap. XIV (pagg. 465-495); A. Travi, Lezioni di giustizia amministrativa, XII ediz., Torino, Giappichelli, 2016, capp. V (pagg. 87-114), VIII
e IX (pagg. 169-222), cap. XII, §§ 1 e 2 (pagg. 283-290), cap. XV, §§ 3 e 4 (pagg. 382-390).
A. Travi, Giustizia amministrativa, Torino, 2018, pp. 1-86; 143-223
283-315
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.
Learning Objectives
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.
Learning Objectives - Part A
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.
Learning Objectives - Part B
The target is to make students aware of the possibilities and of the ways to protect interests affected by an illegal exercise of public actions.
Prerequisites
The exams in Constitutional Law (general) and Private Law I must be passed in advance
Prerequisites
Readiness for the exam requires having knowledge of the fundamental notions of General Constitutional Law, Private Law I and General Administrative Law.
Prerequisites - Part A
Readiness for the exam requires having knowledge of the fundamental notions of General Constitutional Law, Private Law I and General Administrative Law.
Prerequisites - Part B
Knowledge of Constitutional and Administrative Law.
Teaching Methods
Classroom discussion on cases and materials of administrative law. The attendance, when it is possible, is recommended
Teaching Methods
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.
Teaching Methods - Part A
Traditional classroom lectures.
Teaching Methods - Part B
Each topic will be explained by the teacher and then discussed between students, by the anlaysis of of case law.
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".
Further information
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.
Further information - Part B
The teacher will distribute at the end of each class a selected case law to be discussed in the following ones.
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.
Type of Assessment
Final oral exam for credit. 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 - Part A
Final oral exam for credit. 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 - Part B
For students who will take part in the class, papers, reports and discussions will be evaluated. For the others, the exam will be oral.
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.
Course program
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 discipline of the association form between local authorities.
Course program - Part A
The co.urse consists of four parts. For the first one 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 discipline of the association form between local authorities;.
Part two (24 hours): dedicated to the discipline of working in public administrations. Will be treated the main aspects relating to the work of
employees under private law: the sources and the procedures for recruitment; rules, including common and special disciplines;
judicial protection. They will also examine the unique aspects to the employment relationship of public managers. Part Three (24 hours): relates to contracts of public authorities and takes into account the regulation of public contracts which examines, in particular, the persons required to follow the procedures of public evidence, the parties admitted to the races, the qualification of economic operators and procedures expectations
Part Four (24 hours): relates to the essential elements of the judicial review, with insights into the point of to the essential elements of the judicial review, with insights into the point of articulation of the administrative jurisdiction, of remedies available in the administrative process, of interim legal protection 'ordinary', the action for the execution of judgments of the administrative courts.
Course program - Part B
Origin of the system of protection against public authorities
Different nature of private interests
Remedies
Interim measures
Judicial decisions
Execution
ADR