ADMINISTRATIVE LAW
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Teaching methods
- Contacts/Info
The knowledge of general public law and civil procedure is required in order to provide students with a better understanding of the issues dealt with.
Verification of learning will take place through oral exams on the whole program of the biennial course, awarding the final grade in thirty-eight and executing according to the 'cone inverted' method, ie by moving from a general application to go to More cutting applications and more specific content, suitable for further exploration.
For attending students, verification of learning will take place through:
A) intermediate written tests during the course - as they will be on the course program until then - the outcome of which will be taken into account during the exam;
B) if the above written tests have not been passed, oral examination appeals will be based on the overall program of the course in the event that all the written tests or the corresponding part of the written test (s) are not exceeded exceeded / e-.
In both cases, it will be evaluated in particular: the ability to report the contents of the program in an appropriate manner to the specifics of the subject and to the correct logical and systematic fees, the ability to link the various institutes of administrative law, the arguments, The technical-expressive ability.
The course intends to provide students with a full knowledge of administrative law as an evolving phenomenon, referring, on the one hand, to organization and administrative activity and, on the other hand, to administrative justice.
The student must demonstrate that he has acquired, even in a historical and institutional sense, full awareness of the functions of public administration on the side of public services, order activities and the protection of public and private goods of common interest (environmental , Landscaping, territorial, cultural and economic) in the context of complex and pluralistic society, the forms of initiation of the proceedings to the involved person and the means of ensuring full and effective protection of the subjective positions guaranteed by the system of administrative justice.
The course provides the student with the ability to properly use the categories and the lexicon of administrative law in order to recognize the fundamental features of the relationship between citizens and the public administration.
The course will also articulate through the study and discussion in the classroom of doctrinal contributions, administrative materials and practical cases that will allow you to outline the layout of the sectoral disciplines of the cd. Administrative law of a special party (contracts, environment, local government, public economic and social services, etc.), enabling the student to mature adequate critical judgment and legal argumentation.
Teaching will focus on the following topics:
- The ratio and purpose of administrative law;
- Public powers and private freedoms (active and passive);
- The sources of administrative law: general notions; The hierarchy of the sources; National sources and international sources;
- The general principles of the activity and the administrative organization;
- Subjective legal positions: subjective rights and legitimate interests; Collective and diffused interests;
- The administrative procedure and the administrative measure;
- Administrative and technical discretion; the merit;
- Nullity, annulment and irregularity of administrative measures;
- Illness of the acts and responsibilities of the p.
- Consensual activity of private and public law (a brief);
- Social and economic public services: general rules and sectoral disciplines; The action for efficiency in the p.
- Public goods, public goods and private goods of public interest;
- The public organization: organizational models and analysis of current law; State, Regions, local authorities, other public bodies;
- The system of administrative justice: the origins, developments and general characteristics of the protection system;
- ordinary judge and protection of subjective rights;
- GA's jurisdiction: jurisdiction of exclusive, merit-based legitimacy.
For the preparation of the exam, it is advised to study the following manuals
Attending students (A + B)
A) one of the following manuals:
- Clarich M., Manuale di diritto amministrativo, Il Mulino, ult. ed.
- G. Greco, m. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo. Vol. 1: Parte generale. Lezioni, Giuffrè, 2017
- D. Sorace, Diritto delle amministrazioni pubbliche, Il Mulino, ult. ed.
B) A. Travi, Lezioni di giustizia amministrativa, Giappichelli, ult. ed.
Non-attending students (A + B + C)
A) one of the following manuals:
- M. Clarich, Manuale di diritto amministrativo, Il Mulino, ult. ed.
- G. Greco, m. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo. Vol. 1: Parte generale. Lezioni, Giuffrè, 2017
- D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione, Il Mulino, ult. ed.
B) A. Travi, Lezioni di giustizia amministrativa, Giappichelli, ult. ed.
C) one of the following manuals:
- Bernardo Sordi, Giustizia e amministrazione nell'Italia liberale. La formazione della nozione di interesse legittimo, Giuffrè, 1985
- U. Mattei, E. Reviglio, S. Rodotà (a cura di), Invertire la rotta. Idee per una riforma della proprietà pubblica, Il Mulino, 2007
- Herbert A. Simon, Il comportamento amministrativo, Il Mulino, 2001
The study and the direct knowledge of the relevant regulatory texts are essential for learning the subject. During the exam, the student must then demonstrate the direct knowledge of normative acts:
- Fundamental (Constitution of the Italian Republic, Treaty on European Union and Treaty on the Functioning of the European Union, ECHR Convention, etc.), with particular reference to the provisions on public administration and, more generally, those concerning the law Administrative, and the most important ones (eg Law No 241 of 7 August 1990, Law No 2348 of 23 March 1865, No 2248, and the Presidential Decree No 1199 of 24 November 1971, D. Lgs. 104 of 2.7.2010 'Administrative Process Code';
- recalled in manuals and study texts.
The teaching activity will be carried out through frontal lessons (for a total of 65 hours, in relation to the number of 11 CFUs allocated to teaching). These will be supplemented and supported by the examination of additional teaching materials, such as a series of judgments referring to the general law on administrative procedure (24 August, 1991) and the topics discussed in the course.
The didactics therefore include:
- predominantly theoretical lessons designed to illustrate principles and institutions of administrative law;
- case-law discussions aimed at promoting student acquisition of administrative vocabulary and legal argumentation techniques;
- Practical exercises concerning the themes dealt with during the theoretical lessons.
During the academic year, the teacher will also reserve the opportunity to evaluate the activation of compulsory seminars on specific areas of Administrative Law.
It is expected that the e-learning platform will be uploaded to normative materials, case law and administrative documents.
Frequency
(A) the frequency shall be taken as the evaluation parameter during the final examination;
B) the program reserved for attending students may be diversified; The texts and materials useful for the preparation of attending students will be indicated during the course;
C) attending students may participate, at their discretion, at special seminars, and begin the oral examination with the exposure of the relevant examinations;
D) attending students may, at their discretion, attend any intermediate test, the outcome of which will be taken into account at the final interview.
The reception will be divided into two days of the week, for a total of about 4 hours; Moreover, during the course of the frontal teaching you will be able to make requests for clarification, as well as during the lesson, even at the end of the lesson. The teacher is also available to agree to a different reception schedule, upon request, by contacting the University's mail address, the teaching secretariat or other institutional channels.