91377 - Administrative Law

Learning outcomes

The course allows students to acquire appropriate knowledge of the contemporary trends of Administrative Law and to understand the effects of international and European legal frameworks on (national) public authorities and agencies, their organization, and actions. Therefore, it focuses on common standards regarding proceedings, decisions, and remedies.

Course contents

I. Introduction. Legal systems and the Administrative Law.

II. Sources of the Administrative Law.

III. Fundamental Principles and Standards. Principle of Legality. Fair Proceeding and Due Process. Is any possible “Common Core” under the Administrative Law?

IV. Administrative Bodies. Public Administrations, Civil Offices, Civil Services, Authorities, and Agencies.

V. Administrative Decisions: Regulations. Measures and Orders. Tied and Discretionary Measures. Sanctions. Afflictive Measures.

VI. Administrative Proceedings (Decision-making): Rule-making and Adjudication.

VII. Common Standards: Fair Proceeding. Adversarial and the Right to Be Heard. Giving Reasons Requirements. Rule Against Bias.

VIII. Lacks of Legitimacy. Invalidity. Void and Voidable Measures. Infringement of Law. Lack of Competence. Exceeded Use of Power. Misrepresentation. Misuse of Power.

IX. Addressees and Stakeholders’ Legal Status.

X. Sound Administration.

XI. Administrative Self-Review. Remedies (hints). Locus Standi.

XII. Special Issues.

Readings/Bibliography

Recommended teaching materials and references (slides, case law, docs, essays, etc.) are available on "Virtuale" (online Dashboard).

Therefore, other readings are suggested as the followings:

1) P. Pinto de Albuquerque, K. Wojtyczek - Judicial Power in a Globalized World. Liber Amicorum Vincent De Gaetano, Springer International Publishing, 2019. Only the followings:

1.1) E.Bindi, A.Pisaneschi, The Fair Trial as a Guarantee of the Administrative Procedure.

1.2) G. Edelstam, On Legitimacy for the Exercise of Public Power.

2) M. Vala Kristjánsdóttir, Good Administration as a Fundamental Right, Icelandic Review of Politics and Administration, 2013, 1.

3) EU DG INTERNAL POLICIES, The General Principles of EU Administrative Procedural Law, 2015.

4) P. Craig - UK, EU, and Global Administrative Law, Foundations and Challenges Cambridge University Press, 2015.

 

Teaching methods

Theoretical and Case Law-based Lectures.

Case Law Reports and other tasks will be assigned as mandatory homework.

The course requires a good knowledge of basic law subjects and law methodology. For those who do not have an entirely law-based academic background, preparatory course readings are available yet to be agreed upon with the teacher.

 

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