02654 - Special Administrative Law

Learning outcomes

At the end of the course, the student: • Demonstrates knowledge and understanding of the principles and rules related to the most recent legislative reforms of the administrative sector (e.g., public contracts and local public services), with particular focus on their implications on the well-being of local communities, the democratic dimension, and the promotion of civil society's demands. (knowledge and understanding) • Is able to evaluate independently the legal, economic, and social implications of administrative decisions, formulating critical judgments based on normative, jurisprudential, and doctrinal positions. (autonomy of judgment) • Develops independent learning skills, gains methodological tools to explore the topics addressed in the Course, considering the necessity of continuous updating required in the legal sector. In particular, the student is able to consult independently and analyze legislative, jurisprudential, and doctrinal sources. (learning skills) • Is able to identify and solve practical legal issues applying a critical and structured approach, communicating the results in a technical and comprehensible manner. (ability to apply knowledge, understanding, and communication)

Course contents

This advanced course examines two areas of  administrative law: local public services of economic relevance and the liability of public administration. The course requires students to have passed the Administrative Law examination and is intended for those wishing to consolidate, including from a critical and applied perspective, the knowledge they have already acquired.

The first area concerns local public services of economic relevance, examined in light of the reform introduced by Legislative Decree No. 201 of 23 December 2022: the notion of local public service and of economic relevance, the European principles on services of general interest, the establishment and organisation of the service, and the modes of management and the related award procedures. Among the various forms of management, particular attention is paid to the entrusting of management to publicly controlled companies and to the issue of joint and fragmented control: the concept of a publicly controlled company pursuant to Article 2(b) and (m) of Legislative Decree No. 175 of 19 August 2016, the interpretative dispute regarding whether control can be established where there is fragmented shareholding amongst a number of public authorities, none of which is capable of exercising control individually, and the conditions — coordination formalised by law, the articles of association or shareholders’ agreements — required to unify the public will.

The second area concerns the liability of public administration, analysed in its foundation and development from Article 28 of the Constitution and the developments following the Court of Cassation judgment No. 500/1999: the nature and prerequisites of liability arising from an unlawful administrative measure, the recoverability of damages for the infringement of legitimate interests (interessi legittimi), the subjective element of fault attributable to the administrative apparatus also in light of EU case law, damages for delay (Article 2-bis of Law No. 241/1990), liability for breach of legitimate reliance, and the relationship with the action for damages (Article 30 of the Code of Administrative Procedure), Law No. 1 of January 7, 2026 (the so-called “Foti Law”), which structurally reformed the regulations governing gross negligence as a criterion for attributing administrative and accounting liability, defining its elements for the first time (manifest violation of applicable regulations, misrepresentation of the facts, or affirmation or denial of facts contradicted by the proceedings’ records) and excluding it when the conduct conformed to prevailing case law or the opinions of the competent authorities.

Particular attention is devoted to two areas: damage to the image of the public administration, both as a form of non-pecuniary financial loss and in relation to the individual liability of the public employee who caused it; and medical negligence in the context of public healthcare liability, with regard to the allocation of liability between the healthcare facility and the healthcare professional, as well as the implications for the PA’s right of recourse.

Within this framework, the course explores the theme of algorithmic administrative decision-making, addressing the principles developed by case law in this field — the knowability and comprehensibility of the algorithm, the non-exclusivity of the algorithmic decision, and the reservation of human involvement (Council of State, VI, Nos. 2270/2019 and 881/2020) — together with the related liability profiles, also in light of the rules on artificial intelligence in public contracts (Article 30 of Legislative Decree No. 36/2023), Regulation (EU) 2024/1689 (AI Act), and Law No. 132 of 23 September 2025.

Readings/Bibliography

In addition to the materials shared in class, the following texts are recommended:

On local public services of economic relevance:

• G. CAIA, M. CALCAGNILE, E. CARLONI, F. FIGORILLI, P. PRINCIPATO, D. SIMEOLI, Il riordino della disciplina dei servizi pubblici locali di rilevanza economica: contenuto e caratteri del D.lgs. 23 dicembre 2022, n. 201, Napoli, Editoriale scientifica, 2023;
• - N. AICARDI, G. CAIA, M. CALCAGNILE, P. ACRI, La gestione dei servizi pubblici locali dopo il D.lgs. 23 dicembre 2022, n. 201: approfondimenti e inquadramento concettuale: con rassegna di giurisprudenza e nomativa principale, Napoli, Editoriale scientifica, 2024.
• F. GUERRERA, Considerazioni in tema di controllo, controllo congiunto e controllo analogo nella disciplina del TUSP, in Rivista di diritto societario, 3, 2018

On the liability of public administration

• - M. RENNA, Responsabilità della pubblica amministrazione: A) Profili sostanziali, in Enciclopedia del diritto - Annali, Milano 2016
• - M. CLARICH, Manuale di diritto amministrativo, Bologna, Il Mulino, 2024, cap. VII.
• - G. DELLA CANANEA, M. DUGATO, B. MARCHETTI, A. POLICE, M. RAMAJOLI, Manuale di diritto amministrativo, Torino, Giappichelli, 2024, cap. X.
• - F. CORTESE, Sulla lesione dell’affidamento come fattispecie autonoma, in Giorn. Dir. Amm., 2, 2026 p. 256 e ss.

On algorithmic administration

• B. MARCHETTI, Amministrazione digitale, in Enciclopedia del diritto – I Tematici, Vol. III, Funzioni amministrative, Giuffrè, Milano, 2022, p. 75 ss.
• B. MARCHETTI, Intelligenza artificiale, poteri pubblici e rule of law, in Rivista italiana di diritto pubblico comunitario, 1/2024, p. 49 ss.
• S. FOA' Intelligenza artificiale e cultura della trasparenza amministrativa. Dalle ‘scatole nere’ alla ‘casa di vetro’?, in, Dir. amm. 2023, 3, p. 515 ss.
• R. FERRARA, Il giudice amministrativo e gli algoritmi. Note estemporanee a margine di un recente dibattito giurisprudenziale, in Diritto amministrativo, 4, 2019, pp. 773-792.
• M. DUGATO, D. VESE, Intelligenza artificiale, amministrazione e tutela dei diritti, Milano, 2022.

 

Teaching methods

For non-attending students, exam preparation is based on the texts listed in the “Texts/Bibliography” section, supplemented by discussions with the instructor during the weekly office hours listed at the bottom of the page.
For attending students, instruction will take the form of lectures, with a particular focus on discussion and direct dialogue with students, both during class and during office hours. To complement the lectures, the course involves significant student engagement through in-depth exploration of the subject’s most innovative and controversial topics. Depending on the topic, this involves examining the various doctrinal approaches, the evolution of case law, and practical dynamics, with the aim of training students to become qualified leaders in civil society. Assessment for attending students consists of assignments completed during class and the writing of a final paper—preceded by a PowerPoint presentation—on a topic agreed upon with the instructor.
To ensure maximum transparency and coordination during the course, students are encouraged to regularly check the instructor’s website for any announcements or updates regarding the course.

Assessment methods

Non attending students

Final exam will be held in oral form and the evaluation will be expressed out in thirty. The exam will focus on topics related to those indicated in the “Contents” section, in order to verify the student's acquisition of the notions imparted within the teaching.

The student's level of preparation will be evaluated as follows:

18-19 Very limited preparation. Basic response to questions. Exposition not very technical.

20-23 Fair preparation. Acceptable response to questions. Exposition with elements of technicality.

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

28-29 Excellent preparation. Complete answers with exact terminology. Exposition of good ability.

30 Excellent preparation. Answers supported by complete knowledge and with very adequate terminology. Systematic exposition.

30 L Uncommon and excellent preparation. Very satisfactory answers denoting study, thorough culture and acquired logical ability. Reconstructive and brilliant exposition.

Attending Students
For attending students, the grade—also expressed on a scale of 30—is based on assignments completed during class and on the final paper, preceded by a PowerPoint presentation, on a topic agreed upon with the instructor.

With regard to assessment, limited, explicitly stated, and non-substantial use of AI is permitted for support activities (summarization, rephrasing). Substantial use of AI to complete parts of the exam is not permitted.

The student’s level of preparation will be evaluated as follows:
18–19 Very limited preparation. Paper with a basic treatment of the topics covered. Presentation lacking technical detail.
20–23 Fair preparation. Paper with an acceptable treatment of the topics. Presentation with some technical elements.
24–27 Good preparation. Relevant and well-structured paper. Technical and appropriate presentation.
28–29 Excellent preparation. Comprehensive paper, with precise terminology and the ability to delve deeply into the subject matter. Presentation demonstrating good skill.
30 Outstanding preparation. Paper supported by a thorough knowledge of the subject matter and highly appropriate terminology. Systematic presentation.
30 L Exceptional and outstanding preparation. Paper demonstrating in-depth study, extensive knowledge, and acquired logical reasoning skills. Brilliant and insightful presentation.

 

According to the provisions of the University and Departmental regulations, registration for the final examination may be done within the University's portal with the terms and procedures stipulated therein

Prerequisites

Administrative law is preparatory to Advanced Administrative law.

Degree thesis

Thesis topics will be discussed during the office hours and upon request.

The appointment of a co-discussant, if any, must be agreed upon with the professor who assigned the thesis.

There are no waiting lists.

Teaching tools

To make the study and in-depth study of the topics covered during the lectures  more complete, additional teaching materials may be indicated to students, in addition to those indicated in the appropriate section of this page. Such materials will, in addition, be made available to students, who can consult them on the lecturers' website.

Students with disability or specific learning disabilities (DSA) are required to make their condition known to find the best possible accommodation to their needs.

Office hours

See the website of Maria Giulia Roversi Monaco