30728 - Institutions of Administrative Law (Environmental and Urban Planning Law) (1) (LM)

Course contents

Part I – Introduction to administrative law

In this part, students acquire the fundamental legal knowledge of public administration, which are the essential basis for the following parts of the course

Constitutional principles on public administration

The evolution of public administration in Italy

The organization of the public administration
- Public bodies, organs and offices
- Politics and administration
- Ministries, agencies and state peripheral bodies
- Independent authorities
- Technical bodies
- Regions and local government (notes)

Administrative activity
- The principles of the administrative action
- The administrative procedure
- Administrative acts and their regime
- Activities of private law of the public administration (notes)

- Public services

Part II – Art and Entertainment Law

Culture and administrative legal order
• The Reign of Italy
• The Fascism
• Culture and Constitution
• Policies in the Republican Age
• the Contemporary challenges

The constitutional values of aesthetics, art and culture

The Ministry of Cultural Heritage and Entertainment
The notion of cultural heritage and cultural goods
The protection of cultural heritage
The enhancement of cultural heritage

Readings/Bibliography

Part I

M. Clarich, Manuale di diritto amministrativo, quinta edizione, Il Mulino, 2022, limited to chapters 1, 2, 4, 5, 8, 9.

o, as an alternative,

F. Merloni, Istituzioni di diritto amministrativo, quarta edizione, Giappichelli, 2022, limited to chapters 1, 3, 6, 7, 9, 10, 18, 19, 20, 21

For foreign students I suggest reading :
G.F. Ferrari, Introduction to Italian Public Law, Giuffrè Editore, 2022, limited to chapters 1,2,5,6,7,11,12,13

 

Part II

C. Barbati, M. Cammelli, L. Casini, G. Piperata, G. Sciullo, Diritto del patrimonio culturale, Il Mulino, 2020
limited to chapters:
I. Patrimonio e beni
II. Organizzazione e soggetti, parr. 1-5, 7
III. Tutela, parr.1-3
IV. Valorizzazione e gestione

Daniele Donati, Governare l’inafferrabile. La cultura nella disciplina normativa e nella prassi amministrativa, in Munus 2017 n. 2 del 2017 pp. 256 e ss.

 

FOR THE STUDENTS OF GEOGRAPHY AND TERRITORIAL PROCESSES:

• G. Rossi, Diritto dell'ambiente, G. Giappichelli, 2021 relativamente a Parte I, capitoli II, III, IV, V, VI
  

• V. Mazzarelli, voce L'urbanistica e la pianificazione territoriale, in S. Cassese, Trattato di Diritto Amministrativo, Diritto Amministrativo Speciale, Tomo IV, p. 3335 e ss.

Teaching methods

The course is taught in frontal lessons.

Attendance at lectures is strongly recommended, especially for students who do not have university-level legal knowledge.

Attendance in the classroom will be randomly checked to qualify students as "attending" students, and allow them to access the preliminary written test in simplified form (see the section Learning assessment methods)

A seminar on method and tools of legal research is foreseen, the attendance of which is compulsory for students who intend to support their degree thesis in this subject.

There will also be some seminars aimed at deepening the knowledge of particularly relevant or topical aspects, to which scholars, representatives of institutions, professionals and experts in the field will be invited.

Assessment methods

1. COMPULSORY WRITTEN EXAM (for italian speaking students)

It takes place on the first day of examination.

The written exam is divided in two different parts: the first one is a multiple choice test (20 questions) and the second one is a open question test (3 questions).

The multiple choice test is preliminary and preparatory to the open question test, and students must give 15 correct answer out of 20.

The final grade is determined by the result of the open question test.

Therefore:

- if students do not answer at least 15 questions in the first part, they won't be able to undergo the second part and their exam finishes

- if students give 15 (or more) correct answer in the first part, they will continue the exam by undergoing the second part. The examining board will assess this second part.

2. OPTIONAL ORAL EXAMINATION

Students who pass the written test can ask to take an oral exam to try to improve the evaluation obtained.

In this case they must send a request to dar.didatticadonati@unibo.it within 48 hours from the publication of the written test results.


3.EXAMS FOR NON ITALIAN SPEAKING STUDENTS
Students who do not speak Italian are given the opportunity to take the oral exam on the day of the written exam

- sending an an email to dar.didatticadonati@unibo.it

- registering for the written exam.

All students are required to study the materials contained in the bibliography provided for the A.Y. in progress.

Teaching tools

Further course materials will be available on "Virtuale".

Links to further information

https://www.unibo.it/sitoweb/daniele.donati/

Office hours

See the website of Daniele Donati