91394 - Administrative Law

Learning outcomes

At the end of the course unit, students: - possess an in-depth knowledge about the evolution of administrative law in the framework of international and supranational cooperation; - are capable to assess the impact of international and supranational applicable regimes on the organization and performances of public administration alongside regional/local authorities, and are also in a condition to shape the activities of all those bodies, so to enhance their effectiveness and efficiency.

Course contents

1. Introduction. Legal systems and the Administrative Law.

2. Sources of the Administrative Law.

3. Fundamental Principles and Standards.

4. Relationships between Administrative Power, Stakeholders, and Addressees.

5. Administrative Bodies. Public Administration, Civil Office, Civil Service, (Independent) Agencies.

6. The Administrative Power: Regulations, Measures and Orders. Relief and other Provisions.

7. The Administrative Proceedings: Rule-making, Adjudication. Fair Procedure principles, Adversarial.

8. Discretionary and Afflictive Measures.

9. Lacks of Legitimacy. Ultra vires, Exceeded Use, and Misuse of Power.

10. Remedies (hints).

11. Special Issues.

Readings/Bibliography

Teaching resources (slides, case law, docs, etc.) will be available on "Virtuale" Platform (online Dashboard).

Teaching methods

Theoretical and Case Law-based Lectures.

The lessons of the first semester will be organized by one of the models described as follows: http://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021

Assessment methods

The assessment will be focused on the Student's knowledge as well as the ability to settle issues related to the course subjects.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

- 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 knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

 

Teaching tools

Slides and Essays.

Case Law docs (Courts' rulings; European Commission and NRAs' measures; etc.).

Students who need compensatory measures and/or dispensative tools due to disability or Specific Learning Disabilities (SLD) should communicate it to the Professor as soon as possible.

Office hours

See the website of Daniele Senzani