31561 - Administrative Law and Public Procurement Law

Learning outcomes

The course aims to provide students with the tools necessary to achieve a comprehensive knowledge of the most important principles and institutions of administrative law, and allow them to reap the many practical aspects in the application of the latter.

Given the complexity of the subject at stake, teaching activities will be structured as follows: in its first part, the course will deal with the ways in which public administrations operate, through an analysis of the major organizational forms and activities at play; in its second part, the course will present the specific issues related to the procedures for the exercise of administrative activities and general profiles of administrative justice.

Thereafter, the course will deal with the inner concepts of administrative law, such as: the reasons for the existence of a public power and subjection to the same legal rules, the administrative organization in the joints of the central government and local government, the moment of the action functional and administrative safeguards for those subject to it; institutions of administrative justice.

The course aims to achieve a significant involvement of students, throughout lectures and discussions held on the most innovative and controversial topics of the matter, while rebuilding, depending on the topic at stake, the different orientations doctrine, the development of the case and the actual dynamics, via the use of interactive teaching methods such as learning on demand, as well as students' participation in meetings with qualified representatives of the civil society.

Course contents

1. Administration and his law.

2. Legal system and administration: constitutional regulation.

3. Administrative arrangement.

4. Public bodies' arrangement.

5. Subjective legal situations.

6. Administrative procedures.

7. Administrative decision and public agreements.

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

9. Public procurement with specific reference to the discipline of contracts for works, supplies and services.

Readings/Bibliography

The recommended textbook is an updated edition.

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

At 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 the following textbook:

E. CASETTA, Manuale di diritto amministrativo, Giuffrè, Milano, XIX edizione, 2019, until chap. VIII included.

Students who already have textbooks recommended during the previous A.Y. will be able to use them.

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

In the instance students may 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.

Teaching methods

Teaching will take place throughout lectures, especially via confrontation and debate with the students, who are invited to participate actively during classes and make proposals for expanding and deepening the discussion. Students may be given additional questions and/or issues to examine outside the lectures during the office hours indicated in the bottom of the page.

The Professor will be available to discuss related matters with the students at the end of each lesson.

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.

Teaching integrative

As part of the course, students shall attend seminars and elaborate on practical exercises, involving the analysis of measures and cases of species, which contribute to aim to achieve a more practical understanding of the latter, including the application of modern technologies.

In order to better organize the above mentioned seminars, it will be applied a comparative model of learning on demand, that means the teacher will welcome the involvement of students, who shall actively participate in the identification of the topics to be discussed during the Course, according to their interest

Assessment methods

The final exam is oral. The interview will focus on the topics in the section "Course contents".

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.

Prequalification

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

Teaching tools

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 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 Monday at 11.00 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.

Office hours

See the website of Franco Pellizzer

See the website of Stefano Colombari