The knowledge to be acquired concerns the system of local authorities in the framework of Title V of the Constitution and subsequent reforms
Course Content
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.
Course Content - Part C
Elements of judicial protection against public authorities.
(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
D. Sorace, S. Torricelli, Diritto delle pubbliche amministrazioni, Bologna, 2021, cap. X e XVI.
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
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.
Learning Objectives - Part C
Knowledge of the legal framework of the Italian system of judicial protection.
Prerequisites
Readiness for the exam requires having knowledge of the fundamental notions of General Constitutional Law, Private Law I and General Administrative Law.
Prerequisites
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)
Prerequisites - Part C
It is highly recommended to have previously passed the exam of Administrative Law.
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
Students will be required to intervene and discuss readings and case law
Teaching Methods - Part C
Lessons and discussions of cases
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.
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
Oral examination, aimed to check both Knoledge of the key concepts of the topic and reasoning skills on the norms and case law examined
Type of Assessment - Part C
Oral Exam
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 regulation of governance models for the wider area.
Course program
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
Course program - Part C
Origins and recent evolution of judicial review (and of the review by administrative bodies). The burdens of jurisdiction of administrative judges; remedies, urgent measures, execution od judicial decisions.