02654 - Special Administrative Law

Learning outcomes

The course aims to provide the student with advanced knowledge and understanding skills in administrative law, also through the acquisition of independent judgment and ability to apply knowledge.

Central part of the course will be the illustration of the relations between public administration, citizens and businesses in the democratic dimension and the enhancement of the requests of civil society. Will be examined the disciplines of the regulation of economic and social activities, also in the perspective of horizontal subsidiarity.

All this also with reference to the most innovative and controversial issues of the matter, through the highlighting of the different doctrinal orientations, the analysis of the jurisprudence and the guidelines of the independent administrative authorities.

 

 

Course contents

1. Administrative Law and Civil Society

2. The horizontal subsidiarity

3. Public private partnership

4. Coordination of public and private interests 

5. Public services, services of general interest, public utility services

6. The PNRR

7. The regulation of the economy

8. Public contracts 

Readings/Bibliography

1.A.BARTOLINI, S.FANTINI, Le ragioni della specialità (principi e storia del diritto amministrativo), Rimini, Maggioli Editore, 2017, (pagg. 146);

2. One of the following texts, chosen by the student:

-C.FRANCHINI, La disciplina pubblica dell'economia tra diritto nazionale, diritto europeo e diritto globale, II edizione, Napoli, Editoriale Scientifica, 2022, (pagg.370);

-S.FANTINI, H.SIMONETTI, Le basi del diritto dei contratti pubblici, III edizione, Milano, Giuffrè, 2022, (pagg. 236).

 

For deepening study, also for the preparation of the degree thesis, recommend to consult:

- M. CAMMELLI, Amministrazioni pubbliche e nuovi mondi, (scritti scelti a cura di C. Barbati, M. Dugato, G. Piperata), Bologna, Il Mulino, 2019;

- Diritto amministrativo e società civile. Muovendo dalle opere di Fabio Roversi Monaco, Volume I - Studi introduttivi, BUP, Bologna, 2018; Volume II- Garanzia dei diritti e qualità dei servizi, Bologna, 2019; Volume III - Problemi e Prospettive, Bologna, 2020 ( a cura di N.Aicardi, G.Caia, M. Dugato, M. Gola, A. Lolli) ;

Teaching methods

In parallel to the lessons, one or more practices will take place face to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors. will take place through lectures, which will be organized by the models decided by the DSG .

Dialogue and interactions will be encouraged during class. Students will also be able to ask for additional questions or issues outside the hours of lectures, during the weekly office hours indicated at the bottom of this page.

In order to make the teaching activity more inclusive, during the course, meetings with qualified civil society actors will be organized in order to deepen methodologies and applications of the administrative law.

The course aims to provide students with the tools necessary to achieve an advanced level of knowledge of Administrative Law, which should allow them to understand the many practical aspects relating to its application and to navigate confidently the world of work.

In addition to this basic preparation, the course also aims to achieve a significant involvement of students, through lectures and meetings, in order to deepen the most innovative and controversial issues of the subject, through which it is possible to rebuild, according to the topic, the different doctrinal orientations, the development in case law and the actual dynamics, thanks to the use of interactive teaching methods such as learning on demand, or the participation of students in meetings with qualified representatives of civil society.

For any information or news concerning the course, students should check the teacher’s website in the first place.

Assessment methods

Final exam will be held in oral form and the evaluation will be expressed out in thirty. The interview will focus on the topics indicated in the "Course contents" section, in order to verify the students' acquisition of the concepts taught within the course.

The student’s degree of preparation will be evaluated as follows:

18-19 Very limiteted preparation. Basic answer to questions. Not very technical presentation

20-23 Discreet preparation. Accetable answer to questions. Exposure with elements of technicality.

24-27 Good preparation. Relevant answers. Technical and appropriate exposure.

28-29 Great preparation. Complete answers with exact terminology. Good ability exposure.

30 Excellent preparation. Answers supported by complete knowledge and with very appropriate terminology. Systematic exposure.

30 L Uncommon and excellent preparation. Very satisfying answers that denote study, indepth culture and acquired logical ability. Reconstructive and brillant exposure.

The final exam registration can only be made on-line on the University of Bologna web application

Prerequisites

The exam can be taken only after passing the compulsory Administrative Law exam.

Degree thesis

The assignment of the thesis takes place after an interview during the reception hours indicated on the teacher's web pages.

The presence of a co-supervisor must be agreed with the teacher who assigned the thesis.

There are no waiting lists.

Teaching tools

In order to make study and investigation of the issues discussed during lectures and seminars more complete, additional teaching materials, in addition to the texts indicated above, will be given to students. This material will also be made available to students, on the Professor’s website: http://www.unibo.it/docenti/giuseppe.caia and in the section of this page dedicated to educational materials.

Students with disability or specific learning disabilities (DSA) will be able to communicate their needs to the teacher to find the best solutions.

Office hours

See the website of Giuseppe Caia