00217 - Administrative Law (D-L)

Learning outcomes

Institutional notions of administrative law: the rationale of public power and its subordination to the rule of law; the law of the public administrations; the administrative organisation of central government and local autonomies; functions and pathology of administrative action; administrative justice institutions. These notions are discussed with reference to the most innovative and controversial approaches to administrative law, providing evidence of different doctrines and analysing jurisprudence.

Course contents

Programme

1. Public administration, evolution and sources of the discipline

2. Organisational structures

3. Organisational relations

4. Administrative organisation

5. The situation of Juridical subjects

6. Administrative action

7. Administrative procedures

8. Administrative provisions: notions, elements, classification

9. The nature of provisions: efficacy

10. Non valid administrative provisions

11. Second level administrative provisions

12. Agreements

13. Contractual activity of the public administration (p.a.)

14. The function of market regulation

15. Public service

16. Human resources

17. Public property goods

18. The responsibility of the p.a.

19. Accountability of public official and managers

20. Administrative appeals, extraordinary appeal to the President of the Republic

21. Ordinary jurisdiction in relation to the public administration

22. Administrative justice, administrative jurisdiction

Readings/Bibliography

A) V. CERULLI IRELLI, Lineamenti del diritto amministrativo , Giappichelli, Torino 2011 (from page 1 to page 541)

or

F.G. SCOCA (a cura di), Diritto amministrativo, Giappichelli, Torino 2011, except Chapters 2-4 of Part 9 (from page 648 to page 717)

or

G. CORSO, Manuale di diritto amministrativo, Giappichelli, Torino 2010 (from page 1 to page 441)

B) A. TRAVI, Lezioni di giustizia amministrativa, Giappichelli, Torino 2012

or

C. MIGNONE e P.M. VIPIANA, Manuale di giustizia amministrativa, Cedam, Padova 2012

or

C.E. GALLO, Manuale di giustizia amministrativa, Giappichelli, Torino 2012

C) Concerning European Community sources and secondary national sources (Statutes and state, regional and public entities Regulations) on topics of public administration, students may also use the appropriate sections of a textbook on constitutional law or their notes from the lectures.

Normative sources to be used in preparation for the exam

Knowledge based on textbooks must be integrated with an attentive reading of the updated version of the most important normative sources of administrative law, among which in particular the following must be noted: Law 23 August 1988, no.400 (art.17) on Government Regulations; Law 7 August 1990, no.241 on administrative procedures and access to documents, updated with the law 15 and 80/2005, 69/2009 and law decree 78/2010 (and law 122/2010); legislative decrees 30 July 1999, no.300 (articles 1-11) on ministries; 30 March 2001, no.165 (articles 4,5,14,19 and 20) on the organisation of public administrations, as well as law 20 March 1865, no.2248 (Annex E) and legislative decree 104/2010 (concerning administrative justice)..

The Gazzetta ufficiale, the Internet site of the Italian Parliament or other appropriate sites may be used to access the normative sources. However, the original text accessed this way may not display further amendments. To get access to an updated text, a recent edition of the “administrative code”, available in commerce, should be used.

Additional readings

A useful introduction to the discipline is: : M. CAMMELLI, La pubblica amministrazione, il Mulino, Bologna, 2004.

To deepen the knowledge, see

G. SCIULLO, C. BASEGGIO, G. BOSCHETTI, Materiali giurisprudenziali di diritto amministrativo, Cedam, Padova, 2004.

Teaching methods

The fundamental topics of the entire programme will be presented in front lectures

The exams reserved to students who have attended the lectures will be specifically based on the arguments discussed in the class.

Additional teaching tools

The course also includes a cycle of seminars and interactive discussion based on topics of current debate. The actual dates will be announced in advanced by the teacher.

Assessment methods

The course extends over the whole academic year; thus, students whose attendance has been certified in the current year will be able to access the exam session only from May. This rule is also valid for Erasmus students.

Examination is horal and requires passing preliminary exams in Constitutional Law and Institutions of Private Law.

Intermediate test for attending students

There will be an optional intermediate test at the beginning of the second semester open only to attending students, the schedule and modalities of which will be announced in advance by the teacher. The results of the test, if positive, will be taken into account for final exams.

Dissertation

Students who intend to discuss a thesis in Administration Law are strongly advised to attend the lectures. The theme of the dissertation will be assigned after discussion with the teacher.

Information for foreign students belonging to the Socrates-Erasmus project

Students of the Bologna University that need to integrate the examination in administrative law sustained abroad, as well as foreign students that intend to pass the exam in this discipline at the Bologna University must refer to Professor Girolamo Sciullo's Desk for information.

Basic information concerning the programme of the course and related details may be obtained from Dr. Maria Pia Bianchi, at the School of Specialisation in Studies on the Public Administration of Bologna University (tel. 051/209.40.50; fax 051/209.40.60; e-mail: mariapia.bianchi@gdvlex.it). .Dr. Bianchi receives students at the SPISA, Via Belmeloro no.10, first floor Friday at 9.00.

Office hours

See the website of Girolamo Sciullo