00217 - Administrative Law

Learning outcomes

The course aims to provide students with the tools necessary to achieve a comprehensive level of preparation on the most important principles and institutions of administrative law.

Especially:

1. the reasons for the existence of a public power and its subjecton to legal rules;

2. the law of public administration; the administrative organization at central and local level;

3. the functional moment of administrative action and its pathology; the institutions of administrative justice.

The teaching of Administrative Law deals with topics related to the objectives set by UNESCO in the doc. "Education to the Objectives for Sustainable Development"

Course contents

Following for each section of the programme (course content, readings/bibliography, teaching methods, and evaluation tools) you will find the relevant information about the following courses:

- 00217 - ADMINISTRATIVE LAW - 18 cfu. Single cycle degree programme (LMCU) in Law

- 31561 - ADMINISTRATIVE LAW AND PUBLIC PROCUREMENT LAW - 9 cfu. First cycle degree programme (L) in Legal Consultant in Business and Public Administration

-68360 - ADMINISTRATIVE LAW - 6 cfu. Second cycle degree programme (LM) in Library and Archive Science

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00217 - ADMINISTRATIVE LAW - 18 cfu

Single cycle degree programme (LMCU) in Law

1. Law of public administration: the historical and normative evolution of the Italian administrative system.

2. Sources of administrative law at European and national level.

3. Public Administration and the Constitution: Constitutional principles on functions, organisation and activity. Judicial protection and subjective legal positions.

4. Organisation: administrative functions and public services.

5. Public entities and the distribution of administrative functions (powers). Relations among public entities (intersubjective).

6. Offices and bodies within public entities and the distribution of activities for the exercise of functions (competencies). Relations between (interorganic) entities.

7. The subjective element of the organisation. Work in public administrations. Public officials.

8. The impartiality of the administration. Objective impartiality: (a) the distribution between policy and administration; (b) measures to prevent corruption. The (subjective) impartiality of public officials.

9. Organisational models in relation to the public and private discipline of the organization.

10. Public and private assets and administrative functions.

11. Financial resources.

12. The administrative activity: from function to action.

13. The administrative act: form, character, typology (aspects fo the move toward digitalization).

14. Administrative and technical discretion.

15. The administrative procedure. Law no. 241 of 1990.

16. The opening of the procedure and the investigation.

17. The procedure and the administrative decision.

18. Administrative transparency (access and publicity).

19. The institutes of administrative simplification.

20. Invalidity (nullity and voidability) and irregularities in administrative action.

21. Administrative proceedings at second instance.

22. The consensual administrative activity: administrative agreements.

23. The negotiating activity of the public administration: public contracts.

24. Administrative action and responsibilities.

25. The protection of citizens against the act and behaviour of public administrations.

26. Administrative petitions.

27. The systems of administrative justice.

The course is divided into three modules:
1. The evolution of the Italian administrative system.
2. The administrative organisation and activity.
3. Subjective legal situations and the systems of administrative justice.

In general, the main features of public administration will be examined from an operational point of view (also with specific exercises and seminars) on the basis of analysis of judicial case studies and administrative practices, paying particular attention to recent reforms and modernization of the public administration.

The choice of topics for tutorials or seminars will also take into account the findings of students through a learning-on-demand comparitive model.

31561 - ADMINISTRATIVE LAW AND PUBLIC PROCUREMENT LAW - 9 cfu

First cycle degree programme (L) in Legal Consultant in Business and Public Administration

1. The law of public Administration; evolution of the Italian administrative system.

2. Constitutional principles of public administration.

3. Administrative organizations: general profiles.

4. Public bodies.

5. Subjective legal situations.

6. Administrative procedures.

7. The administrative decision.

8. Public administration's obligations and the civil law.

9. European and national public procurement law with specific reference to the discipline of contracts for works, supplies and services.

With respect to points 6, 7 and 9, there will be specific exercises and seminars on themes and subjects that merit a deeper understanding and an operational and applied verification.

The choice of topics for tutorials or seminars will also take into account the findings of students through a learning-on-demand comparative model

68360 - ADMINISTRATIVE LAW - 6 cfu

Second cycle degree programme (LM) in Library and Archive Science

The core of the course consists of an approach to the digital administrative system and of its application to the cultural heritage, with particular reference to Digital Library and to museum services.

According to this, firstly, the fundamental concepts through which the current functional and organizational model of public administration was formed and the specific aspects of the system for the protection and promotion of cultural heritage will be taught and, secondly, the main concepts and topics regarding the digitalization of administrative acts and documents will be explained.

On this basis, the consequences regarding the digitalized management of cultural heritage and its related services are detailed, with special regard to libraries, archives and museums.

Here, the main focus will be in particular on organizational modifications deriving from the gradual computerization and digitalization of the administrative system, as defined in the “Three-Year Plan for IT in the Public Administration” and, in particular, on the role of the Agency for Digital Italy, on the governance, on the databases system and on their interoperability, on digital platforms (among which it is possible to find SMN, National Museum System), on the National Strategic Pole of digital infrastructures and on the management of IT security.

Furthermore, the main legal issues deriving from the application of systems, methods, and instruments of the digitalization of documents will be analyzed, such as: planning, technologies and technical rules, creation and dematerialization processes, retention and access to data; data, public data, open data, copyright and privacy.

The course content is constantly updated within the regulatory framework (legal rules and technical rules) provided by European and Italian law.

 

Readings/Bibliography

00217 - ADMINISTRATIVE LAW - 18 CFU

Single cycle degree programme (LMCU) in Law

In order to obtain an adequate and complete preparation for the subjets of study, it is recommended to use the following textbook:

E. CASETTA, Manuale di diritto amministrativo, Giuffrè, Milano, 2020, until chap. VIII included.

In addition to the Italian Constitution, students need to know:

- l. 7 agosto 1990, n. 241, "Nuove norme in materia di procedimento amministrativo e di diritto di accesso ai documenti amministrativi";

- d.lgs. 2 luglio 2010, n. 104, cd. "Codice del processo amministrativo".

 

31561 - ADMINISTRATIVE LAW AND PUBLIC PROCUREMENT LAW - 9 cfu

 First cycle degree programme (L) in Legal Consultant in Business and Public Administration

The recommended textbook is an updated edition.

In order to obtain an adequate and complete preparation for the subjets of study, it is recommended to use the following textbook:

V. CERULLI IRELLI, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2017.

Students who, at the end of the Course in Laurea in Giurista per le imprese e per la pubblica amministrazione, intend to continue their studies with the Course in Laurea Magistrale a Ciclo Unico in Giurisprudenza, it is recommended to use the following textbook:

E. CASETTA, Manuale di diritto amministrativo, Giuffrè, Milano, 2020, until chap. VIII included.

Students are free to adopt texts other than those recommended as long as they contain the topics of the exam program.

GENERAL INFORMATION

In the instance students want to examine more in-depth any particular topics in their interest, the Professor is available to suggest further textbooks.

At the beginning of the course, attending students may agree to integrate or replace some parts of the program with specific bibliographic references. The same opportunity will be granted to students who will participate to the practical exercises.

Erasmus students, depending on their country of origin, may need to discuss the academic program in class or during the receiving hours.

 

68360 - ADMINISTRATIVE LAW - 6 cfu

Second cycle degree programme (LM) in Library and Archive Science

In order to obtain an adequate and complete preparation for the subjects of lectures, students are recommended to study with the following textbooks:

C. BARBATI, M. CAMMELLI, L. CASINI, G. PIPERATA, G. SCIULLO, Diritto del patrimonio culturale, Il Mulino, Bologna, 2020 (for Chapters II, III and IV);

R. CAVALLO PERIN - DIANA URANIA GALLETTA, Il diritto dell’amministrazione pubblica digitale, Giappichelli, Torino, 2020 (for ”Introduction” and Chapters II, IV, V and VI)

For further contributions and essays regarding the digitalization of the public system of cultural heritage, it is possible to consult the online legal magazine: «Aedon. Rivista di arti e diritto online» on: http://www.aedon.mulino.it.

On the “Virtuale” platform, students will find all the main legal documents, such as: laws, directives, regulations, technical regulations and planning instruments and also bibliographic documents considered useful to focus on all the topics of the course and to analyze some topics of interest.

In the event students wish to go more in-depth with any topic they are particularly interested in, the Professor may decide to suggest supplementary materials and textbooks and to consequently substitute some of the Chapters of the textbooks listed above with the former study materials.

See the information contained:

- in the “Course contents” of the Teaching “Law of Cultural Heritage” with regard the Italian system of cultural heritage;

- in the “Course contents” of the teaching “Digital Library (Prof.ssa Fiammetta Sabba) and “Archival and Information Science” (Prof. Stefano Allegrezza). During the lessons, the ProfessorS will indicate the topics to be addressed.

 

Teaching methods

 

00217 - ADMINISTRATIVE LAW - 18 cfu

Single cycle degree programme (LMCU) in Law

Teaching will take place throughout lectures where it will highlight:

- princples and main characters of the Italian administrative system, the administrative organisation and activity;

- the reflections of the functions on the different phases of administrative procedure, on the escercise of the administrative power (also consensual) and on the citizen participation

- how administrations operate by examining operational and legal cases.

In order to make the teaching activity more inclusive, during the course, meetings will be organized with qualified civil society actors aimed at deepening methodologies and applications of the administrative law.

 

31561 - ADMINISTRATIVE LAW AND PUBLIC PROCUREMENT LAW - 9 cfu

First cycle degree programme (L) in Legal Consultant in Business and Public Administration

Teaching will take place throughout lectures where it will highlight:

- princples and main characters of the Italian administrative system, the administrative organisation and activity;

- how administrations operate by examining operational and legal cases.

 

GENERAL INFORMATION

With respect to the subjects to be used for exercises and seminars, work groups focused on writing can be organised. In case of a positive valuation, the teacher will take it into account for the final valuation, limiting the oral examination to those parts that were not treated in those written texts.

A special attention will be guaranteed to the comparison and direct dialogue with the students, who will be able, during the lessons, to make proposals for deepening the debate.

To provide maximum information and coordination during lectures, students are encouraged to always check the website of the teacher as well as any information concerning the course.

On the teacher's website, students can find a collection of important administrative laws and documents.

 

68360 - ADMINISTRATIVE LAW - 6 cfu

Second cycle degree programme (LM) in Library and Archive Science

 

Teaching will take place throughout lectures, both in-person and online, with highlights on:

• the main characters of the Italian administrative system with particular reference to the protection and promotion of cultural heritage;
• the latest reforms on digitization of public administration and their necessary correlation with the computerized organization and management of cultural heritage;
• the most relevant legal regime profiles regarding the digitalization of documents.

With respect to the subjects to be used for exercises and seminars, work groups focused on written or oral presentation can be organized. For attending students, in case of a positive evaluation, the Professor will take it into account for the final evaluation, limiting the oral examination to the parts that were not treated in their presentation.

A special attention will be guaranteed to the comparison and direct dialogue with the students, who will be able, during the lessons, to make proposals for deepening the debate.

To provide maximum information and coordination during lectures, students are always encouraged to check the Professor’s website as well as for any information concerning the course [On the Professor’s 's website]. There, students can also find a collection of important administrative laws and documents.

 

Assessment methods

GENERAL INFORMATION

00217 - ADMINISTRATIVE LAW - 18 cfu - Single cycle degree programme (LMCU) in Law

31561 - ADMINISTRATIVE LAW AND PUBLIC -PROCUREMENT LAW - 9 cfu - First cycle degree programme (L) in Legal Consultant in Business and Public Administration

The final exam is oral (with possible pre-checks in oral form) and the evaluation will be expressed in thirty-one.

The discussion will focus on the topics related to those outlined in the "Course contents" section, in order to verify the acquisition by students of the knowledge imparted during the course.

In the final evaluation, it will be possible to take into account the results of the pre-ceck and the papers written (individually or in groups) during the practical exercises.

The evaluation will take into consideration:

• knowledge of institutional profiles;

• knowledge of case law and legal doctrine;

• connections between different parts of the program;

• debate skills;

• speaking ability;

• speaking accuracy.

Enrollment in the final exam can only be made on-line via the University web site.

During the examination, attending students will be granted the opportunity to present a topic of their choice.

 

 Grading system for final grade

The student is only prepared on a very limited number of course topics and he/she uses his/her analysis skills only with the guidance and help of the Professor. The use of the language is correct overall. → 18-19

The student is prepared on a limited number of course topics and his analysis skills are autonomous only regarding specific aspects of the course. The use of the language is correct. → 20-24;

The student is prepared on a wide range of course topics; he independently analyses and makes connections between different parts of the program. His language skills are accurate, his expression is articulate, and he masters specific terminology. → 25-29;

The student has a thorough preparation on course topics; he is fully independent in analysing and connecting topics and parts of the program, as well as in reasoning and critical thinking. His language skills are particularly accurate and articulate, and he completely masters specific terminology. → 30-30L.

 

Prequalification (18 and 9 CFU exams only)

The exam can be taken only after passing the examinations in constitutional law and private law.

 

00217 - ADMINISTRATIVE LAW - 18 cfu

Single cycle degree programme (LMCU) in Law

Mid-term exam

Students attending classes will be able to take the mid-term exam. This part of the “Course contents” will not be subject to further specific verification during the final examination.

Any further information regarding mid-term will only be provided in class.

Mid-term exam – on topics already covered during the lessons - will take place either in oral form.

 

Final Thesis

The assignment of a final thesis will take place only after a meeting with the teacher during office hours as indicated on the teacher’s website.

The possible appointment of a second readers must be agreed with the teacher who assigned the thesis.

There are no waiting lists expected.

 

 

68360 - ADMINISTRATIVE LAW - 6 cfu

Second cycle degree programme (LM) in Library and Archive Science

 The final exam is oral (with possible pre-checks in oral form) and the evaluation will be expressed in thirty-one.

For non attending students, the discussion will focus on topics related to those outlined in the "Course contents" section, in order to verify the acquisition by students of the knowledge contained in textbooks and in other study materials provided.

During the final examination, attending students will be granted the opportunity to present a topic of their choice (also if they have already taken their pre-checks). In the final evaluation it will be possible to take into account, according to the description found under “Teaching Methods”, the results of the pre-check, the oral presentation and the papers written during the practical exercises, individually or in groups.

The evaluation will take into consideration:

• knowledge of institutional profiles and of their historical evolution, as explained during lectures or as learnt through personal studies and bibliographic research;
• comprehension abilities and the ability to make connections between different parts of the program;
• debate skills with particular reference to the knowledge of case law and legal doctrine;
• speaking ability;
• speaking accuracy.

In accordance with the regulations of the University, enrollment in the final exam can only be made online via the University website in accordance with terms and conditions therein.

The final evaluation will be carried out according to these general guidelines:

- “fail” grade: the student lacks basic knowledge and is not capable of interpreting texts and problems;

- “basic pass” grade: the student has learnt basic knowledge, is capable of interpreting issues correctly but is scarcely autonomous or imprecise in this activity;

- “intermediate pass” grade: the student has intermediate knowledge and is capable of interpreting correctly almost every issue, though not always precisely and autonomously;

- excellent grade: the student has high-standard knowledge and is capable of interpreting every issue autonomously, mastering a high level of specification. The student has excellent speaking abilities.

 

Teaching tools

GENERAL INFORMATION

00217 - ADMINISTRATIVE LAW - 18 cfu - Single cycle degree programme (LMCU) in Law

31561 - ADMINISTRATIVE LAW AND PUBLIC -PROCUREMENT LAW - 9 cfu - First cycle degree programme (L) in Legal Consultant in Business and Public Administration

To make more complete study and investigation of the issues discussed during lectures and seminars students shall indicate additional teaching materials, in addition to the texts specified above.

This material will also be made available to students, who shall consult the website of Prof.: http://www.unibo.it/docenti/franco.pellizzer [http:] and in the section of this page dedicated to educational materials (AMS Campus).

Students with specific disabilities and/or DSA shall inform the teacher, who will work to accommodate their needs.

Office hours

Professor Pellizzer is available to receive students at the end of each lesson as well as on Fiday at 12.00 (until 13.30)  at Dipartimento di Giurisprudenza - Campus di Ravenna, via Oberdan, n. 1.

In addition, the Professor may be available at other times upon request of students via email.

 

68360 - ADMINISTRATIVE LAW - 6 cfu

Second cycle degree programme (LM) in Library and Archive Science

The Professor will provide students with Power Points as well as other documents, which will be available on “Virtuale” platform.

The Professor may indicate additional teaching materials (such as events, special sessions for exercises, seminars, conferences etc.) which will be considered part of the exam, in addition to the texts specified above.

Students with specific disabilities and/or SLD shall inform the Professor, who will work to accommodate their needs.

Office hours

The Professor is available to receive students at the end of each lecture and every Monday from 12:00 to 13:30 at Dipartimento di Giurisprudenza – Ravenna Campus, via Oberdan, n. 1.

The Professor is also available to receive students in different office hours upon request, to be sent via e-mail.

Due to the current health crisis caused by COVID-19, in-person office hours are suspended until further notice. Students may reach the Professor via e-mail and schedule remote office hours, to be held online, as agreed upon between the Professor and the student.

 

 

 

Office hours

See the website of Franco Pellizzer

See the website of Giovanni Mulazzani

See the website of Filippo Dallari