95898 - DIRITTO DEI SERVIZI PUBBLICI E DELLO SPORT

Learning outcomes

The course aims to provide students with the necessary tools to achieve a full preparation on the most important Public services and Sports law principles and rules. The course aims to guarantee students the acquisition of knowledge and understanding of the role of public administration in the provision of benefits to citizens, i.e. in the preparation and regulation of public services, of public utility and of general interest, in the context of which the sports sector assumes a particular importance. The individual institutes will be examined during the lessons in the light of the most recent legislation and jurisprudence. In addition to this basic preparation, the Course also aims to achieve a significant involvement of students, through in-depth lessons on the most innovative and controversial issues of the subject, in which it is possible to reconstruct the different doctrinal orientations, jurisprudential evolution and the concrete dynamics.

Course contents

A) Elements of administrative law 1. Organizational profiles 2. Functional profiles

B) Public service  1.The Welfare State and the evolution of public services 2. The notion of public service 2.1 The theory of public service in a subjective sense 2.2 Public service in an objective sense and in an objective-functional sense 2.3 The eclectic approach 3. European legislation and its impact on national legislation 4. Internal discipline 4.1 The reform of local authorities and Title V of the Constitution 4.2 Local public services of economic relevance and of no economic relevance 5. The regulation of public services. 2 Management models of public services 2.1 The reform of local public services of economic relevance (Legislative Decree 23 December 2022, n. 201) 3. Award through tender 4. Management of the public service through the “in house” model 5. Joint companies for the management of public services

B) Public services 1. The notion of public service 1.1 Subjective and objective conception 1.2 European notions and their impact on national legislation 1.3 The criminal concept of public function and public service 2. The management models of public services 2.1 Direct and indirect management models 3. Public service concessions and service contracts 4. Joint ventures for the management of public services 5. The management of the public service through the "in house" model 6. The public law body

C) Sports law 1. The sports system within the other legal systems 2. Autonomy with respect to the state system 3. Relations with international and European Union law 4. The sources of sports law 5. CONI and the IOC; 6. Sports federations: requirements, statutes, controls; 7. Other subjects: sports clubs, sports associations, sports promotion bodies, leagues; 8. Nature, construction and management of public or private sports facilities on a public area (spec. Legislative Decree no. 38/2021) 9. Doping (hints) 10. Jurisdictional protection in the sports system (hints)

Readings/Bibliography

With regards to the "Elements of administrative law", please refer to the documentation (slides, regulatory texts and other documents) which will be published on the "Virtuale" website in parallel with the progress of the course.

With regard to the issue of "public services law", pending the adaptation of the manuals to the contents of Legislative Decree no. 201 of 23 December 2022 "Reorganization of the discipline of local public services of economic importance", please refer to the documentation (slides, regulatory texts and other documents) which will be published on the "Virtuale" website in parallel with the progress of the course

Readings

G. Caia, I servizi pubblici, in G. Caia, Diritto amministrativo a cura di L. Mazzarolli, G. Pericu, A. Romano, F.A. Roversi Monaco, F.G. Scoca (a cura di), Diritto amministrativo, vol. II, Monduzzi, Bologna 2005, pag. 131 ss.

G. Caia, Criterio di economicità e servizi pubblici locali nelle prospettive della XVIII legislatura repubblicana, in Diritto amministrativo e società civile. Vol. I Studi introduttivi, 2018, Bononia University Press, Bologna, pp. 327 ss.

M. Dugato, L’intervento pubblico per l’inclusione, la coesione, l’innovazione, la sostenibilità ed il ruolo del servizio pubblico locale nel Piano nazionale di ripresa e resilienza, in Munus, 2022, pp. 1 ss.

M. Dugato, voce Servizi pubblici locali, in Enciclopedia del diritto, I tematici, III. Funzioni amministrative, 2022, Giuffrè Francis Lefebvre, Milano, pp. 1086 ss.

Relazione illustrativa allo schema di decreto legislativo recante testo unico sui servizi pubblici locali di interesse economico generale, ai sensi dell'art. 8 della l. 5 agosto 2022, n. 118.

Relazione tecnica allo schema di decreto legislativo recante testo unico sui servizi pubblici locali di interesse economico generale, ai sensi dell'art. 8 della l. 5 agosto 2022, n. 118.

With regard to the theme of "sports law", which is also constantly evolving, it should be noted, among the possible texts and subject to giving further indications in the face of updating the manuals, the volume "Diritto sportivo" (edited by Tatafiore Andrea and Di Salvatore Paola) CEDAM, 2022, with reference to the topics covered in chapters 1 - 2 - 3 - 4 - 8. With regard to the additional topics of the program (spec. international sports system, national sports system, sports federations and discipline of public contracts, sports facilities) please refer to the documentation (slides, regulatory texts and other documents) that will be published on the "Virtual" site in progression to the lessons.

Teaching methods

- frontal lesson

The course aims to provide students with the necessary tools to achieve a complete level of preparation on the most important principles and institutes of public servicece and public sports law, which also allows them to grasp the numerous practical-applicative implications. The student will learn the fundamental characteristics of the public services and sports systems, their organization and the related judicial protection.

Assessment methods

The exam at the end of the course will be held in oral form and the evaluation will be expressed out of thirty. The interview will focus on issues related to those indicated in the "Contents" section, in order to verify the students' acquisition of the concepts taught within the course.

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

18-19 Very limited preparation. Basic answer to questions. Not very technical exhibition.

20-23 Discreet preparation. Acceptable answer to questions. Exhibition with elements of technicality.

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

28-29 Excellent preparation. Complete answers with exact terminology. Good ability display.

30 Excellent preparation. Answers supported by complete knowledge and with very adequate terminology. Systematic display.

30 L Uncommon and excellent preparation. Very satisfying answers that denote study, in-depth culture and acquired logical ability. Reconstructive and brilliant display.

Teaching tools

During the lessons, slides and documents will be shown.

Students who for reasons dependent on disabilities or specific learning disorders need compensatory tools will be able to communicate their needs to the teacher in order to be addressed to the referents and agree on the adoption of the most appropriate measures.

Office hours

See the website of Giacomo Santi