00217 - Administrative Law (R-Z)

Learning outcomes

The acquisition of the institutional notions proper to administrative law, namely: the reasons for the existence of public power and its subjection to legal rules; the law of public administrations; 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

- The public administration: evolution and regulation;

- The public administration organization;

- Public bodies;

- Relations between public administrations;

- Subjective legal situations and public power;

- The public administration activity;

- Administrative procedures;

- The administrative decision;

- Effectiveness of administrative decisions;

- Invalidity of administrative decisions;

- Administrative review and administrative remedies;

- Public agreements;

- Market regulation;

- Public employment;

- Public procurement;

- Functions, services and economic activity of the public administration;

- Public property;

- Accountability;

- Urban planning;

- European administrative law;

- Public companies;

- Health system;

- Public order;

- Civil jurisdiction towards administrative decisions;

- Administrative judge, administrative jurisdiction.

 

Erasmus students, depending on the country of origin, may agree on the exam program contacting Dott.ssa Maria Pia Bianchi during office hours at the SPISA, Via Belmeloro 10, every friday from 9:00 to 10:30 or by email to the address mariapia.bianchi@gdvlex.it.

Readings/Bibliography

1.  G. della Cananea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli (a cura di), Manuale di diritto amministrativo, Torino, Giappichelli, 2022 (as an alternative, M. Clarich, Manuale di diritto amministrativo, Bologna, il Mulino, last edition)

2. A.Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, last edition (as an alternative, F. Cortese, Corso di diritto processuale amministrativo, Firenze, Le Monnier, last edition)

 

Supplementary readings are recommended:

- V. Cerulli Irelli , Diritto privato dell'amministrazione pubblica, Giappichelli, Torino, 2008;

- M. Cammelli, La pubblica amministrazione, il Mulino, 2014.

Teaching methods

For degree thesis please contact Giovanni Mulazzani (giovanni.mulazzani2@unibo.it).

Assessment methods

The course will cover the entire academic year and for students who will satisfy the attendance requirements it will be possible to take the exam in all sessions starting from May.

The interview will focus on the topics indicated in the "Course contents" section.

The evaluation of the test will be carried out taking into consideration:

- The knowledge of institutional profiles

- The ability to analyze the jurisprudential and doctrinal guidelines

- The ability to make connections between the different parts of the program

- The ability to develop critical arguments

- The articulation of the exposure

- The accuracy of the exposure.

The following criteria will be used to assign the final mark (that will be out of 30/30):

• knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language  18-19/30;
• knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;
• comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

• extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

Registration for the final exam can be made through the application Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm )

Teaching tools

Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs in order to be directed to the dedicated person and in order to arrange for the adoption of the most appropriate measures.

Office hours

See the website of Marco Dugato

See the website of Cecilia Sereni Lucarelli