95557 - DIRITTO AMMINISTRATIVO PER LA PROFESSIONE

Learning outcomes

The course aims to provide future accountants with the essential knowledge of the functioning and organization of public administrations. Particular attention will be paid to national and supranational principles that impact on public administrations. Finally, will be investigated the action of administrations towards citizens, the responsibility of the administration and the protection tools in favor of individuals.

Course contents

The course will be divided into two closely related and consequential modules


Program


Module I - Prof. Michele Belletti (20 hours)


1. Public administrations and administrative functions; type, scope and characters.


2. Administrative law: reasons, characteristics and specialties. State models and birth of administrative law (historical profiles): administrative law and the relationship with other branches of law.


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


4. The administrative system. The organization of state, non-state and ultra-state administrations: public administrations; the State; local authorities; independent administrative authorities; public bodies; the European Union; public companies; private administrations; public services.


5. The organization of the offices; administrative controls and constitutional principles.


6. Public employed; The duties of public employees; public goods.


7. Pubblic finance: constitutional principles; constraints of European origin; the Economics and Finance Document, the Budget Law; resource management and spending process.


8. The administrative legal relationship: functions and administrative activities; the norm attributing power; discretion; legitimate interest; subjective rights and distinctive criteria with legitimate interests; de facto, widespread and collective interests.

 

Module II - Prof. Giovanna Marchianò (20 hours)


1. Administrative procedure. The relationship between public and private administration: the administrative procedure. Power, provision, procedure. Procedure as a sequence of functionally connected administrative acts for the issuance of a final act of the Public Administration. The influence of EU law on the administrative procedure governed by Law 241/1990 and subsequent amendments.


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


3. Types of proceedings and right of access to administrative documents. Checks on acts and activities. Executive administrative act, executive administrative act, IT administrative act.


4. The so-called "computer" administrative procedure: the use of algorithms, algorithmic legality in administrative jurisprudence.


5. The administrative measure. Administrative act invalid and the effects. Vices of the administrative act: vices of legitimacy and vices of merit. The excess of power; symptomatic figures of excess power; obligation to provide reasons. Vices developed by the jurisprudence of the Court of Justice: principle of adequacy, principle of proportionality, precautionary principle.


6. The responsibility of the Public Administration, pursuant to art. 28 of the Constitution. Compensation for damage caused by legitimate interests. Responsibility in European law.


7. The dualism of the Italian system in the division of administrative jurisdiction. The jurisdiction of legitimacy and merit. The conduct of the administrative process.

Readings/Bibliography

The volume for exam preparation is:


BERNARDO GIORGIO MATTARELLA, Lessons of Administrative Law, second edition, 2020, Turin, Giappichelli, or, latest edition available.

Teaching methods

The course adopts a method of organizing teaching in a "traditional" mixed form (simultaneous presence and distance), which provides for the presence of the teacher in the classroom for all the hours set by the timetable and the option for students between presence or distance.


Naturally, the teaching methods may undergo changes during the semester if the hygienic / sanitary situation changes and if restrictive measures are adopted at national and / or regional level.


The lessons will be accompanied by the constant use of schemes to help understanding and commenting on the Constitution, the most important constitutional and ordinary legislation, as well as the most relevant sentences of judicial bodies.


The course will be divided into two parts as indicated in the presentation of the program.

Assessment methods

Lessons will take place in the 1st sub-cycle; therefore students enrolled in the first year of the study program will be able to take the exam starting from November 2021.


No partial tests will be carried out during the period of the lessons.


The final exam consists of an oral test where the student must demonstrate that he is able to master and know the topics covered in the two parts of the program.


Until new indications from the academic bodies in charge, the oral exam will take place remotely.


Regarding the exam, the graduation of the final assessment will be performed according to the following scheme:


• <18 non sufficient


• 18-23 sufficient


• 24-27 good


• 28-30 very good


• 30 and lode excellent

Teaching tools

In addition to the traditional tools for studying the subject, such as Manuals, volumes, Constitution, constitutional laws, ordinary, state and regional laws, regional statutes, some of the most important and recent judgments will be reported during the lessons, mainly of the Constitutional Court, but also of the Council of State, the Court of Justice of the European Union and the European Court of Human Rights, on the most significant points of the program and the most recent legislation. The case laws will be discussed in the classroom and will be a useful aid for students. The sentences are available on the institutional sites of the specific jurisdictional authorities.

Office hours

See the website of Michele Belletti

See the website of Giovanna Marchianò