00217 - Administrative Law

Learning outcomes

Knowledge and skills to be achieved

We aim to provide students with some fundamental notions of public administration action that affect the organization of the same and that highlight the phenomenon of corporatization in public authorities, so that particular attention will be given to the independent administrative authorities, to the contracts of the Public Administration and SGEI (SIEG). Finally, attention will be focused on the administrative process which, as in the case of the tax process, is characterized by being a process on an authoritative act of the Public Administration.

The course is closely linked to the UN's objective for sustainable development (SDGs) and precisely in point 9:

Industry, innovation and infrastructure

• Innovation and industrialization

• Sustainable labor market, opportunities and investments.

Course contents

Program and contents

Part I (Prof. Michele Belletti)

1. State models and birth of administrative law: administrative law and the relationship with other branches of law; the general characteristics of administrative law


2. The organization: public administrations; the state; territorial entities; independent administrative authorities; public bodies; the European Union - notes on European integration; public services


3. The sources of law: the Constitution; the sources of the European Union; primary state sources; secondary state sources; regional regulatory sources - primary and secondary - and local authorities; general administrative acts; planning and programming documents; contingent and urgent ordinances; directives, guidelines and circulars


4. The administrative legal relationship: the functions and administrative activity; the rule attributing power; discretionary power; legitimate interest (oppositional and pretensive); subjective rights and distinctive criteria with legitimate interests; de facto, widespread and collective interests


5. Finance: constitutional principles; the constraints of European origin; the Economic and Financial Document, the Budget Law; resource management and the spending process.

 

Part II (Prof.ssa Giovanna Marchianò)

1. Administrative procedure. The relationship between the public administration and the private sector: the administrative procedure. Power, measure, procedure. Procedure as a sequence of functionally related administrative acts for the issue of a final act of public administration. The influence of Community law on the administrative procedure governed by Law 241/1990 and subsequent amendments.

2. Follows: the steps of the procedure. The initiative and the person in charge of the procedure; the private intervention in the procedural phase; the investigation; the conclusion: the deadline, the silence, the agreements. Free activities subject to the prior notification regime: the certified notification of the start of activity.

3. Follows: types of procedure and right of access to administrative documents. Checks on acts and activities. Executive administrative act, executive administrative act, IT administrative act

4. The administrative measure. Invalid, invalid administrative act: effects. Vices of the administrative act: vices of legitimacy and vices of merit. The excess of power; symptomatic figures of excess power; obligation to state reasons; real scaling measures and ordering measures. Defects elaborated by the

jurisprudence of the Court of Justice: principle of adequacy, principle of proportionality, principle of precaution.

5. The responsibility of the public administration., Ex art. 28 of the Constitution. The reimbursement of damage from injury of legitimate interests. Responsibility in European law.

6. Administrative justice: from the law of 1865 abolishing administrative litigation to the birth of the administrative judge, as an application of the judicial function also in relations between private and public administration

7. The dualism of the Italian system in the division of administrative jurisdiction. The jurisdiction of exclusive legitimacy and merit. The conduct of the administrative process, the administrative appeals, the appeal to the Council of State, the actions of the cognition process and the execution actions.

Readings/Bibliography

Marcello Clarich, Manuale di diritto amministrativo, IV edizione, Il Mulino, 2019.

For Part I, the Manual will be supplemented by some sentences of the Constitutional Court made available online by the teacher

For Part II the Manual will be supplemented by reading of the professor's article being published by the title LA LEGALITA’ ALGORITMICA NELLA GIURISPRUDENZA AMMINISTRATIVA

Teaching methods

With regard to the teaching methods, the frontal hours will alternate, for attending students, with the preparation and presentation of papers by the same on a specific topic agreed with the teacher, who will thus try to stimulate the debate among students in the classroom (both remotely and in presence) on the topic. The support material (which could materialize in comments to sentences) for the development of the papers is available from students on the teacher's UNIBO website. The goal is to make the student acquire critical / exhibition skills in order to give rise to a debate that may involve the entire course. It is intended to take, as a further positive element, the ability of the student concerned to be able to develop slides that are able to summarize the logical / legal path followed by the same in the presentation of the assigned topic. This method is subject to the evolution of the health situation as well as to the type of course procedure.

Assessment methods

The final exam of the course will focus on both Module 1 (Prof. M. Belletti) and Module 2 (Prof. G. Marchianò). The exam will be oral and, for attending students, the paper presented by the student during the lessons will also be examined, whose impact on the final grade will be 30%. The examination methods indicated may be subject to changes based on the evolution of the health situation.

Teaching tools

In support of the frontal or remote teaching, the teachers will make available decisions of the Constitutional Court and of the administrative Judges, state or territorial entities regulatory provisions, or of the European Union, in addition to articles and in-depth essays on specific issues.

Office hours

See the website of Michele Belletti

See the website of Giovanna Marchianò