04472 - Admnistrative Procedure Law

Learning outcomes

The present course specifically aims to give an adequate overview of the administrative judicial process characteristics and its requirements, together with the fundamentals of the special jurisdiction regarding disputes related to exercise of public power. In that perspective, the present course shall stress out the new complete regulation on administrative judicial process, the so called administrative procedure code, set by legislative decree no. 104 of 2010, taking into special account the analysis of the legislative and judicial evolution, the implications of Costitutional Court arrêt no. 204 of 2004 concerning the exclusive jurisdiction of administrative courts and the relationships between the administrative courts and the civil courts. Eventually, the present course shall focus on the special procedure regarding public procurement.

Course contents

Administrative judicial system and Italian legal system

1. Notion and different systems of administrative justice

2. Evolution and characteristics of the Italian system

3. Single remedies: administrative petitions, special jurisdictions, ordinary jurisdiction

4. Administrative jurisdiction and its process

Administrative procedure and its requirements

1. Administrative courts

2. Jurisdiction. The exclusive jurisdiction

3. Competence

4. Relevant parts

5. Single parts and the principle of an adversarial process.

6. Procedural periods

7. Object of the case

8. Relation with administrative petitions

Proceeding

1. Pleading

2. Trial

3. Accessories questions

4. Judgment

5. Appeal

6. Efficacy and enforcement of judgements

Readings/Bibliography

For non-attending students:

F.G. Scoca (ed. by), Giustizia amministrativa, Torino, Giappichelli, last edition

It is also recommended G. Gardini, F. Mastragostino, L. Vandelli, (ed. by), La giustizia amministrativa nella giurisprudenza, Rimini, Maggioli, 2014.

For attending students:

The course shall end with an oral examination, previous one or more practical tests, on the case law analysed during the course.

Teaching methods

The teaching method shall propose lectures on specific topics as well as an experimental method, so that attending the course is highly recommended. In particular, once acquired the necessary theoretical knowledge, the analysis shall be carried on having regard to case law and its evolution, as discussed during lesson time. In this perspective, some of the course shall be dedicated to writing procedural documents, at the end of which students shall be invited to write down some procedural documents related to academic cases.

Assessment methods

It should be kept in mind that lessons are during the first semester, so that whom is attending during the present A.Y. could be examined only from February 2018 on.

Final dissertation

Final dissertation shall be assigned after a brief discussion with the student, preferably to attending students

Teaching tools

Students will be provided with teaching material available on http://www.unibo.it/docenti/franco.mastragostino as well as on the session “teaching material” (AMS Campus) of the present site. Access to those materials in through Unibo log-in credentials.

Office hours

See the website of Franco Mastragostino