00217 - Administrative Law (M-Q)

Learning outcomes

The course is aimed at providing the students with a core body ok knowledge and skills about administrative law. So, at the end of the course students shall be able to: explain the reasons why public power is settled and ruled by a specific branch of law; master the principles of administrative law; describe both the organizational features of the State and the Local Bodies; comprehend the way a public body acts lawfully or unlawfully, comprehend how administrative justice institutions work and be acquainted with both judicial and administrative remedies. Even through periodical analysis of administrative case-law, students are supposed to gain practice in applying the legal general principles to specific problems.

Course contents

1. Public administration: historical evolution and the sources of public law
2. The administrative organization
3. Types of organizational relationships 
4. Public local services
5. Public bodies
6. Public employment and public sector management
7. Public and private goods of public administration
8. Public finance and accountancy
9. Public administration as an activity and relevant subjective legal situations
10. Types and features of administrative acts
11. Types and phases of administrative procedures
12. The tools to promote public administration transparency
13. The tools for semplification of public administration
14. The invalidity of an administrative act
15. Second grade proceedings
16. Public administration and private law instruments. Contracts and agreements under public law, corporate forms
17. Types of public empolymers' and managers accountability
18. Administrative  remedies
19. Judicial remedies
20. Types of legal proceedings
21. Judgement of first instance
22. Precautionary measures
23. Appeal to the Council of State
24. Final administrative judgement and enforcement proceedings

From 2016 summer session on, students who shall take an Administrative Law exam for a number of credits less than 18, and which surname starts with M, N, O, P or Q, will have to take it with Professor Vandelli Commission, studying the following material:

• From G. GARDINI, L. VANDELLI (a cura di), Il diritto amministrativo nella giurisprudenza, Maggioli, Rimini, 2013, chapters 8, 9, 32 and 38 only;

• From A. TRAVI, Lezioni di giustizia amministrativa, Giappichelli, Torino, last edition, chapters 4, 5, 7, 9, 10, 11, 12, 13 and 15 only.

Readings/Bibliography

1. A manual among V. CERULLI IRELLI, Lineamenti del  diritto amministrativo, Giappichelli, Torino, 2014; M. CLARICH, Manuale di diritto amministrativo, Il Mulino, Bologna, 2015; F. MERLONI, Istituzioni di diritto amministrativo, Giappichelli, Torino, 2012.
2. A.TRAVI, Lezioni di giustizia amministrativa, Giappichelli, Torino, 2014, chapters 7,9,10,11,12,13 and 15 only. 
3. G. GARDINI, L. VANDELLI (a cura di), Il diritto amministrativo nella giurisprudenza, Maggioli, Rimini, 2013; students shall select and study a single case for each one of the paragraphs of the casebook.
4. Studying administrative law requires full comprehension of the sources of law system as explained in every Constituional Law textbook
Main legislative acts on Administrative System: Among with the textbooks students shall also consult updated versions of the following legislative acts starting from the Italian Constitution, as obvious: l. 400/1988 ( section 17 regarding Government regulations ); d.lgs n.300/1999 ( sections 1-11 regarding Departments ); d.lgs n.165/2001 ( sections 4, 5, 14, 19, 20 regarding the organizational features of public administrations ), d.lgs. n. 267/2000 ( Consolidated Act on Local Bodies - limited to the first part ); l. n.42/2009 ( general principles for fiscal federalism, according to section 199 of the Constitution ); l. n. 241/1990 ( Administrative Procedure/Inspection of documents act ) as recently modified; d.lgs. n.104/2010 ( Code of Administrative Trial ), l.n.2248/1865 ( All. E ), r.d. n.1054/1924, l. n.1034/1971, d.lgs. n.80/1998, l. n. 205/2000 ( main acts on judicial review ).
All the mentioned act are freely available for consulting at the following webpages: biblioteche.unibo.it  or www.normattiva.it

Teaching methods

Some classes of the course will be focused on relevant caselaw about principles, organization and activity of the Italian Public Administration ( check recommended readings sub.3 ).
Final part of the course will be focused on the administrative justice system.
Check periodically www.unibo.it/docenti/luciano.vandelli or the SPISA ( Scuola di Specializzazione in Studi sull'Amministrazione Pubblica ) website www.spisa.unibo.it for suggestions about relevant seminars, conferences and other useful materials.
Final paper
Students interested in undertaking their final paper in Administrative Law shall firstly contact the professor in the indicated consulting hours. That will be the occasion to discuss with the professr about the research projects they have a personal interest into. Omce the professor has finally approved or proposed a topic, students are registered in a list held by his collaborators, who can be contacted in their respective consulting hours. Usually each student is assigned a supervisor. When ready, the final paper shall be approved by the professor.
Attendance to the classes is strongly recommended
Check www.unibo.it/docenti/luciano.vandelli for further informations about the final paper

Assessment methods

Students will be evaluated through an oral test
Please remember that classes will be held during the whole academic year so the ones who gain certification of attendance during the current academic year cannot take the exam before May 2014.
Prerequisites
Before taking the exam students shall have sustained Private Law and Consitutional Law.
Preliminary test for participants
At the half of the course, only the students who have regularly attended the classes have the opportunity to test their level of comprehension through an oral test, whose date and features will be communicated in class.

Teaching tools

Students seeking for an introduction to the course can make reference to M. CAMMELLI, La pubblica amministrazione, Il Mulino, Bologna, latest edition. 
Students aiming at deepen some of the main course topics can make reference to L. TORCHIA, Lezioni di diritto amministrativo progredito, Il Mulino, Bologna, 2012

Office hours

See the website of Luciano Vandelli

See the website of Claudia Tubertini