31561 - Administrative Law and Public Procurement Law

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. 
To complete this basic training, the course also aims to achieve a significant involvement of students, through lectures and discussions held the most innovative and controversial topics of matter, in which to rebuild, depending on the topic, the different orientations doctrine, the development of the case and the actual dynamics, through the use of interactive teaching methods such as learning on demand, or the students' participation in meetings with qualified representatives of civil society.

Course contents

1. The administration and its right 
The concept of public administration and analysis of its evolution following the introduction of the Constitution and the influence of Community law 
  
2. Legal and administrative systems: constitutional discipline 
The relationship between administrative law and legal system with particular attention to the administration model emerging from the constitutional text. Analysis of the principles of constitutional government. 
  
3. The administrative organization: general profiles 
The subjects of administrative law. Grading and classification of public entities and their patterns of organization. 
  
4. The organization of individual public bodies 
Organization and responsibilities of individual government agencies present in the ordering. 
  
5. Subjective legal situation and their stories 
Subjective legal situations with respect to interaction with the exercise of administrative power of its different manifestations. 
  
6. The administrative procedure 
The activities of public administration with isinsights in relation to the individual process steps and principles involved. 
  
7. The provision and administrative arrangements 
Characters and specific administrative acts in relation to the elements of effectiveness and legitimacy of the same. 
     
8. Bonds of public administration and common law 
The activities of the government negotiating.  
9. Evolution of administrative justice in our legal system

Historical analysis and regulatory buoyancy of administrative justice

10. The protection before the administrative judge

The administrative law judge and the administrative process

11. The protection before the administrative courts and the special administrative appeals

Students enrolled in other courses of study (from Ravenna Campus or from other University) and who need to acquire 9 credits will support the examination only on the following topics from the options above:

  1, 2, 3, 4, 5, 6, 8

Readings/Bibliography

E. CASETTA, Manuale di diritto amministrativo, Giuffrè, Milano, 2013, pagg. 1166;

The textbook recommended is an updated edition. If the student has already bought a previous edition can use it for the exam.

Erasmus students, for passing the administrative law course, may (instead of those above) to adopt the following text (all four):

1. S. CASSESE (a cura di), Istituzioni di diritto amministrativo in Corso di diritto amministrativo, diretto da S. Cassese, vol. I , Giuffrè, Milano, 2012;

2. G. NAPOLITANO (a cura di), Diritto amministrativo comparato in Corso di diritto amministrativo, diretto da S. Cassese, vol. IV , Giuffrè, Milano, 2007; 

3. G. DELLA CANANEA ( a cura di),  Diritto amministrativo europeo  in Corso di diritto amministrativo, diretto da S. Cassese, vol. V , Giuffrè, Milano, 2011;

4. A. SANDULLI (a cura di), Diritto processuale amministrativo in Corso di diritto amministrativo, diretto da S. Cassese, vol. VII , Giuffrè, Milano, 2013. 

Erasmus will however be free to take the exam with another teacher of the subject (MSc), following the program agreed with that teacher.

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 indicated in the bottom of the page. 
To make it even more effective educational activities during the current cycle of meetings will be organized with qualified personalities from civil society aimed at deepening the metodologies and application of administrative relief. 
Within the course there are also two specific modules held by Prof. Massimo Calganile and Prof. Paola Pozzani.
  
To provide maximum information and coordination during the lessons, students are encouraged to always check the website of the teacher as well as information concerning any warnings to the course. 
Teaching integrative 

Assessment methods

That the examination will be conducted orally. Enrollment to the final exam can only be made on-line on the web site of the University. The examination may be taken only after passing examinations of constitutional law and private law.

Teaching tools

To make more complete study and investigation of the issues discussed during lectures and seminars students will indacate additional teaching materials, in addition to the texts indicated above. This material will also be made available to students, who will consult on the website of Prof.: http://www.unibo.it/docenti/giuseppe.caia and in the section of this page dedicated to educational materials (AMS Campus). 

Office hours

See the website of Giuseppe Caia