B5091 - ADMINISTRATIVE LAW AND EU MARKET LEGISLATION

Learning outcomes

At the end of this course, students will gain expertise in public administration, understanding its main activities and principles, and become familiar with administrative actions and various types of public contracts. A specific emphasis is placed on studying and applying institutions in the tourism and urban sectors, acknowledging their close ties to local communities. An integrated approach is pursued, involving governance and administration and thus connecting diverse public and private interests. In the second part of the course, students will acquire general knowledge of EU legislation, providing fundamental guidelines for analyzing the internal market regulation. The focus will be on the free movement of people and services, as well as on European incentive schemes and state aids, with a particular attention for the implications in the context of tourism and urban services sectors.

Course contents

What is law?

State and its development

Rights and duties

Sovereignity and its development

Form of government

Political institutions, bodies and powers

Jurisdictional power and the judiciary

The sources of law

Introduction to administrative law and global administrative law

Administrative measures and decisions

Administrative decision-making

Administrative proceeding

The recipients of administrative measures and decisions

Administrative sanctions

The European Union.

Concepts and features of the Internal Market regulation

Any change or increase of contents will be announced in due course.

Readings/Bibliography

Attending students

The exams will be based on the course material (slides, docs, case law etc.) that will be uploaded on "Virtuale" Platform (Dashboard) during the academic year.

Non Attending students

The exams will be based on the course material (slides, docs, case law etc.) that will be uploaded on "Virtuale" Platform (Dashboard) during the academic year, plus the following:

T. Groppi – A. Simoncini, “Foundations of Italian Public Law”, Giappichelli, 2023: Chapter I, II, III, par. 1, 2, 7,8; IV, par. 1, 7, 8, 10; V, VI, par. 1-6; VII, X, 1, 2,5; XI, par. 1-5;

S. Cassese, “What is Global Administrative Law and why study it?” in https://www.unipa.it/dipartimenti/dems/cds/internationalrelationspoliticstradefullyonline2262/.content/documenti/varie/Cassese-2012.pdf;

R. Caranta, “Administrative Proceedings in Italy”, chap. 7 in F. Uhlmann (edited by), “Codification of administrative law”;

K-D Borchardt, “The ABC of EU law” in https://op.europa.eu/en/publication-detail/-/publication/5d4f8cde-de25-11e7-a506-01aa75ed71a1;

R. Torino (edited by), “Introduction to European Union Internal Market law” in https://romatrepress.uniroma3.it/wp-content/uploads/2019/05/intr-rato.pdf.

Teaching methods

Frontal lessons. 

Cases analysis and solutions.

Assessment methods

Three full exams will be scheduled each Academic Year either as both multiple choice test, case law report (written) or as oral exam (Test and written exam are not an open book exams. English dictionaries may be used).

One mid-term exam on topic of the first module will be scheduled for attending students only (having attended at least 70% of frontal lessons). Attendance will be checked randomly during the lessons

To take exams, each student must be enrolled before the deadline (see AlmaEsami webpage).

Any problem must be promptly communicated to the teacher/tutor.

By way of example, the following criteria will be used to assess written exam (30 min.) consisting of 15 multiple choice questions.

Every correct answer counts 2 points, every missing or wrong answer counts 0 points.
Only the students that correctly answer at least 9/15 questions will pass the exam, hence:

<18 insufficient

18-23 sufficient

24-27 average/good

28-30 very good

By way of example, the following criteria will be used to assess oral exam:

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive program knowledge, excellent reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Non attending students’s grades will be based on a written exam only.

Grade rejection:

Students can reject the grade obtained at the exam. To this end, he/she must email a request to the lecturer within the date set for registration.

Teaching tools

Slide, docs, case law etc. will be uploaded and made accessible on "Virtuale" Platform (Dashboard) during the academic year.

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Roberto Manservisi

See the website of Marina Paola Addis