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.
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).
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
Prerequisites
For admission to take the exam, the candidate must have successfully completed: General Constitutional Law, Private Law I.
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
Type of Assessment
Final exam for credit: The exam for both attendees and others includes a written test
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