31561 - Administrative Law and Public Procurement Law

Learning outcomes

The acquisition of the institutional notions proper to administrative law, namely: the reasons for the existence of a public power and its subjection to legal rules; the law of public administrations; the administrative organisation in the articulations of central government and local autonomies; the functional moment of administrative action and its pathology; the institutes of administrative justice. All this also with reference to the most innovative and controversial issues of this law, through the highlighting of the various doctrinal orientations and the analysis of case law.

Course contents

For Master's degree students

1. Genesis and development of administrative law

2. The sources of administrative law

3. Administrative Power

4. The subjective legal situations of private individuals in their relations with public administrations

5. Administrative organisation

6. Public employees

7. Public goods

8. The administrative procedure

9. The Administrative Measure

10. Public Contracts

11. Public services

12. The liability of public administration

13. General lines of the administrative justice system

14. Administrative appeals

15. Ordinary jurisdiction against the public administration

16. Administrative Jurisdiction

17. The Administrative Judge

18. Actions that may be brought before the administrative judge

19. The judicial review and the conduct of the proceedings

20. The judgment

21. The judgment of compliance

22. The judgment of appeal

23. Jurisdiction of the Court of Auditors

24. Special Administrative Jurisdictions

FOR STUDENTS IN THE MASTER'S DEGREE COURSE WHO HAVE TO ACQUIRE FEWER THAN 18 CREDITS

- for students now enrolled in the Master's degree course who have previously taken the "administrative law and public procurement" examination in the GIPA degree course, the topics to be studied are those indicated from p.11 to p.24 of the programme above

- For students who are in a different position from that indicated in the previous paragraph and who must in any case acquire fewer than 18 credits, the examination programme will be defined in class or at the student reception.

For GIPA students

1. Genesis and development of administrative law

2. The Sources of Administrative Law

3. Administrative Power

4. The subjective legal situations of private individuals in their relations with public administrations

5. Administrative organisation

6. Public personnel

7. Public goods

8. The administrative procedure

9. The Administrative Measure

10. Public Contracts

11. Public services

12. The responsibility of public administration

Depending on the country of origin, students on the Erasmus programme will be able to agree on the examination programme during class or reception hours.

Readings/Bibliography

For Master's degree students

For the substantial part:

G. della CANANEA - M. DUGATO - B. MARCHETTI - A. POLICE - M. RAMAJOLI, Manuale di diritto amministrativo, Giappichelli, Torino, 2022

For administrative justice:

C.E. GALLO, Manuale di giustizia amministrativa, Giappichelli, Torino, 2022

For in-depth studies that the student wishes to carry out, it is recommended, among others, to consult:

- C. FRANCHINI, L'intervento pubblico di contrasto alla povertà, Napoli, Editoriale Scientifica, 2021;

- C. FRANCHINI, La disciplina pubblica dell'economia tra diritto nazionale, diritto europeo e diritto globale, Napoli, Editoriale Scientifica, 2020;

-S. FANTINI, H.SIMONETTI, Le basi del diritto dei contratti pubblici, Milano, Giuffrè, terza ed., 2022.

For GIPA students:

G. della CANANEA - M. DUGATO - B. MARCHETTI - A. POLICE - M. RAMAJOLI, Manuale di diritto amministrativo, Giappichelli, Torino, 2022

For in-depth studies that the student wishes to carry out, it is recommended, among others, to consult:

- C. FRANCHINI, L'intervento pubblico di contrasto alla povertà, Napoli, Editoriale Scientifica, 2021;

- C. FRANCHINI, La disciplina pubblica dell'economia tra diritto nazionale, diritto europeo e diritto globale, Napoli, Editoriale Scientifica, 2020;

-S. FANTINI, H.SIMONETTI, Le basi del diritto dei contratti pubblici, Milano, Giuffrè, terza ed., 2022.

Students already enrolled in previous academic years may use the manuals recommended in the academic years in which they attended and indicated in the relative Web Guides.

Teaching methods

Teaching will take place through lectures according to the online and in-presence methods indicated on the website of the Department of Legal Sciences [http://dsg.unibo.it/it/dipartimento]. [http://dsg.unibo.it/it/dipartimento].

Particular attention will be devoted to discussion and direct dialogue with the students, both during the lectures and during the weekly reception times indicated at the bottom of the page.

In addition to this basic preparation, the Course also aims to achieve a significant involvement of the students, through lectures and meetings on the most innovative and controversial topics of the subject, where they can reconstruct, depending on the topic, the different doctrinal orientations, the jurisprudential evolution and the concrete dynamics.

In parallel with the lectures, one or more in-presence or on-line exercises will be carried out, lasting approximately two hours, consisting of a brief illustration of a topic by the lecturer and the administration of an open-ended question to the students, the drafting by the students of a written text following the indications set out above (within the time limits and to the extent indicated by the person responsible for the exercise), finally, in the self-correction by the students following a description by the lecturer of the optimal methods and content of the written answer, leaving the students room for questions, in-depth study and requests for verification of any errors made.

The Master's Degree Course is divided into two modules taught by Prof. Massimo Calcagnile and Prof. Giovanni Mulazzani respectively.

In order to ensure maximum information and coordination during the course of the lectures, students are invited to always check the lecturer's website for any notices as well as news relating to the course.

 

Assessment methods

The examination at the end of the course will be oral and the evaluation will be expressed in thirtieths. The interview will focus on topics related to those indicated in the "Contents" section, in order to verify the student's acquisition of the notions taught in the course.

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

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

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

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

28-29 Very good preparation. Complete answers with exact terminology. Display of good ability.

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

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

In accordance with the provisions of the University and Department regulations, registration for the final examination may take place via the University's IT portal in accordance with the terms and procedures set out therein.

Teaching tools

In order to make the study and in-depth study of the topics covered during the lectures and seminars more complete, students will be provided with additional teaching materials, in addition to those indicated in the appropriate section of this page. These materials will also be made available to students, who will be able to consult them on the teacher's website and in the special section of this page dedicated to teaching materials, to access which it will be necessary to enter their institutional credentials.

Students who, for reasons dependent on disabilities or specific learning disorders (DSA), require compensatory tools may inform the teacher of their needs so that they can be referred to the contact persons and the most appropriate measures can be agreed upon.

Office hours

See the website of Massimo Calcagnile