00217 - Administrative Law (M-Q)

Learning outcomes

The course aims to provide students with the tools necessary to achieve a comprehensive level of preparation on the most important principles of administrative law and institutions, which also allows them to reap the many practical aspects of application. Given the matter complexity, the teaching activities will be structured so as to present in a first stage of the course in what way public administrations operate, through the analysis of the major organizational forms that are used and activities which are called to play. In a second stage will be developed the issues related to the procedures for the exercise of administrative activities and general profiles of administrative justice. In this sense, therefore, will be its institutional depth the 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.

Course contents

PART I: Substantive Administrative Law

1. Administration and its 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 obligations and the civil law

PART II: Remedies

9. History of the judicial administrative system and legal protection in front of the civil judge

10. Legal protection in front of the administrative judge

11. Legal protection in front of special administrative judges and administrative remedies

 

 

Readings/Bibliography

Preparation for the exam requires knowledge of all the topics analytically listed in the "Contents" section of the italian version.
Students who regularly attend the course can mainly study from notes; it is understood, however, that all the topics analytically reported in the "Contents" section must be known.

As an aid to preparation, the following text is recommended:

 E. Casetta, Manuale di diritto amministrativo, a cura di F. Fracchia, Giuffrè Francis Lefebvre, Milano, venticinquesima edizione, 2023.

Students can also use other texts, provided (and in the part in which) they deal with the aforementioned topics. In particular, are recommended:

• G. della Cananea e altri, Manuale di diritto amministrativo, Giappichelli, Torino, prima edizione, 2022.

• M. Clarich, Manuale di diritto amministrativo, Il Mulino, Bologna, quinta edizione, 2022.

• V. Cerulli Irelli, Lineamenti del diritto amministrativo, Giappichelli, Torino, settima edizione, ristampa aggiornata, 2021.
  

• F.G. Scoca (a cura di), Diritto amministrativo, Giappichelli, Torino, settima edizione, 2021.

as well as, for the part of administrative justice:

• C.E. Gallo, Manuale di giustizia amministrativa, Giappichelli, Torino, undicesima edizione, 2022.

Teaching methods

Teaching will take place through lectures, but with special attention to the comparison and direct dialogue with the students, who will, during class, or make proposals for deepening the debate. It is also possible to give students additional questions or issues outside the hours of lectures during the opening week of receipt.

Assessment methods

The final exam is oral.

The interview will focus on the topics in the "Contents" section of the italian version.

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.

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.

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

Mid-term exam for Students of the A.Y. 2023-2024

Only students who are taking class in A.Y. 2023-2024 will be able to take the mid-term exam.

The topics of the mid-term exam are those indicated in numbers 1-28 of the "Contents" section of the italian version.

This part will not be subject to further specific verification during the final exam.

The intermediate exam will be held in oral form.

The positive outcome of the intermediate exam will remain valid for all exam sessions of the A.Y. 2023-2024 (i.e. until the last session in February 2025).

The student who has taken the intermediate exam, but does not pass the final exam (or refuses the grade or withdraws), will have to take the exam on the entire program.

Teaching tools

To make more complete study and investigation of the issues discussed during lectures and seminars students will indicate additional teaching materials. This material will also be made available to students, who will consult on the teacher website.

Students with disability or specific learning disabilities (DSA) will be able to communicate their needs to the teacher to find the best solutions.

Office hours

See the website of Nicola Aicardi

See the website of Andrea Fantin