04896 - Administrative Justice

Learning outcomes

Students are expected to acquire the specialist knowledge specific to administrative justice, namely the various remedies, instruments, and procedures available for the protection of individuals against public authorities, both before the ordinary courts and before the administrative courts.

The course also develops the concepts required to acquire knowledge, understanding, and independent judgment in relation to all forms of dispute resolution between individuals and public authorities, as well as between public authorities themselves.

This will also be addressed with reference to the most innovative and controversial issues in administrative justice and administrative procedural law, through the presentation of the various scholarly positions and the analysis of case law.

Course contents

 

 

The course concerns the Italian system of administrative justice, understood as the body of remedies available against public authorities and, more generally, as the set of mechanisms for resolving disputes involving public administrations, private parties, and holders of public functions.

The lectures will be accompanied by an examination of the most significant judicial and scholarly developments, with particular attention to current and controversial issues in administrative procedural law.

1. The system of remedies against public authorities

General features of administrative justice and the function of the various forms of protection: administrative remedies, protection before the ordinary courts, protection before the administrative courts, and special jurisdictions.

2. Administrative appeals

3. The extraordinary appeal to the President of the Republic

4. Ordinary jurisdiction in disputes involving public authorities

The allocation of jurisdiction between the ordinary courts and the administrative courts
The disapplication of unlawful administrative measures
Actions that may be brought before the ordinary courts
Disputes concerning public employment
Representation by the State Attorney’s Office

5. The administrative courts

Origins and development of the system of administrative justice
The constitutional basis of administrative jurisdiction
The characteristics of the administrative courts
Self-government of the administrative judiciary
The Code of Administrative Procedure
Annual reports on the state of administrative justice
Digital administrative proceedings

6. Administrative jurisdiction

The various types of jurisdiction
General jurisdiction over legality, in particular judicial review of administrative discretion and technical discretion
Jurisdiction extending also to the merits
Exclusive jurisdiction
Jurisdiction over claims for damages

7. Standing, interest in bringing proceedings, and conditions of action

Administrative proceedings as adversarial proceedings
Standing to sue
Interest in bringing proceedings

8. Actions that may be brought before the administrative courts

Historical and legislative development of actions
Actions for annulment
Declaratory actions
Actions for an order to act or pay
Applications for interim relief
Enforcement actions

9. The jurisdictional competence of the administrative courts

Territorial competence
Subject-matter competence
Functional competence
Applications to determine competence

10. The judicial application

The characteristics of the application
The content of the application
The grounds of application
Collective applications
Cumulative applications
Nullity of the application

11. The time limit for bringing proceedings and the challengeable measure

The function of the time limit for bringing proceedings
Commencement of the time limit in legality jurisdiction
Commencement of the time limit in exclusive jurisdiction
Commencement of the time limit in jurisdiction extending also to the merits
The challengeable measure
Challenges to intra-procedural acts
Challenges to general acts
Challenges to confirmatory measures
Challenges to the silence of the public administration
Challenges to subsequently adopted measures

12. Service and filing of the application, appearance in proceedings, and intervention

Service of the application
The recipients of service
Nullity of service and cure of defects
Filing of the application
Filing of the challenged measure
Appearance of the opposing parties
Intervention in administrative proceedings

13. The conduct of the proceedings

13.1 The conduct of the proceedings

13.2 Stay and interruption of proceedings

14. Interim relief

Nature and function of the application for interim relief
Procedural aspects
The President’s power to grant interim relief
Interim relief before commencement of proceedings
The interim order
Implementation of the interim order

14. Amendment of the claim, additional grounds, and incidental application

Additional grounds
The incidental application
Amendment of the claim in exclusive jurisdiction
Claims brought by the public administration
Withdrawal of the application

15. Evidence-taking in administrative proceedings

Evidence-gathering activity and the burden of proof
Competence in evidence-taking: the role of the President and the role of the panel
Means of evidence:
Acts and documents
Requests for clarification
Verifications
Court-appointed expert evidence

16. The decision of the case

The request for the scheduling of a hearing
The application for priority listing
Abatement of the application
The decree scheduling the hearing
Joinder of applications
Filing of documents and written submissions
The hearing: oral argument and close of the hearing
The decision
Proceedings in chambers

17. The administrative judgment

The content of the judgment
Signature and publication
Judgment in simplified form
Correction of clerical errors
The decree

18. Res judicata

The concept of administrative res judicata
The quashing effect
The restorative effect
The preclusive effect
The conforming effect
Res judicata formed progressively
Res judicata in declaratory actions

19. Compliance and enforcement proceedings

Prerequisites: res judicata and enforceability
Commencement of the proceedings
Hearing of the application
The powers of the compliance court
Conduct designed to circumvent the final judgment: enforcement and conforming measures; the court-appointed commissioner ad acta
Appeals against judgments in compliance proceedings

20. Special procedures

Special procedures and differentiated forms of protection
Applications concerning access to administrative documents
Proceedings in the matters referred to in Article 119 of the Code of Administrative Procedure
Proceedings concerning public contracts

20. Appeal proceedings

Function and characteristics of the appeal
Rules governing appeals; the Plenary Assembly
Appealable judgments
The appeal: time limits, service, and filing
The conduct of appeal proceedings
Interim relief on appeal
Incidental appeal
Evidence-taking on appeal
Additional grounds on appeal
The decision
Annulment with remittal

21. Appeal to the Court of Cassation

Scope of the appeal
Procedural rules
Translatio iudicii

22. Third-party opposition

23. Revocation

 

 

 

 

 

 

Readings/Bibliography

Among the possible reference texts, the following volume is recommended: C.E. Gallo, Manuale di giustizia amministrativa, 2025, Giappichelli, with reference to Chapters I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII and XXIII, limited to Sections I, III, IV and V, and Chapters XXIV, XXV, XXVI and XXVII.

Teaching methods

Lectures.

The Course aims to provide students with the tools necessary to achieve a comprehensive level of preparation, enabling them also to appreciate the numerous practical and applied implications of the subject.

Assessment methods

The final examination will be conducted orally, and the assessment will be expressed as a mark out of thirty.

The oral examination will cover the topics indicated in the “Contents” section, in order to assess the students’ acquisition and understanding of the concepts taught during the course, as well as their ability to navigate the subject matter, including for the purpose of examining and resolving specific cases.

The student’s level of preparation will be assessed as follows:

18–19 Very limited preparation. Basic answers to the questions. Presentation lacking technical precision.

20–23 Fair preparation. Acceptable answers to the questions. Presentation showing some technical elements.

24–27 Good preparation. Relevant answers. Technical and appropriate presentation.

28–29 Very good preparation. Complete answers using accurate terminology. Presentation demonstrating sound ability.

30 Excellent preparation. Answers supported by comprehensive knowledge and highly appropriate terminology. Systematic presentation.

30 cum laude Outstanding and excellent preparation. Highly satisfactory answers demonstrating study, in-depth learning, and acquired logical reasoning skills. Analytical and brilliant presentation.

Teaching tools

Slides and documents will be shown during the lectures.

Students with specific learning disorders or temporary or permanent disabilities are advised to contact the competent University office in good time: https://site.unibo.it/studenti-con-disabilita-e-dsa/it . The office will be responsible for proposing any adjustments to the students concerned; such adjustments must in any event be submitted to the lecturer for approval at least 15 days in advance. The lecturer will assess their appropriateness also in light of the learning objectives of the course.

Office hours

See the website of Giacomo Santi