00217 - Administrative 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 and institutions of Administrative Law, such as: the reasons for the existence of a public power and its subjecton to legal rules; the law of public administration; the administrative organization at central and local level; the functional moment of administrative action and its pathology; the institutions of administrative justice. All this will be carried out by linking to the most innovative and still disputed issues of Administrative Law highlighted in different doctrinal theories and in case-law

Course contents

During the lessons, the following topics will be covered, with further links and correlations, as the case may be.

1. Law of public administration: the historical and normative evolution of the Italian administrative system; the main reforms; the Public Administration and the NRRP (National Recovery and Resilience Plan).

2. Sources of administrative law at European and national level.

3. Public Administration and the Constitution: Constitutional principles on functions, organisation and activity. Judicial protection and subjective legal positions.

4. Organisation: administrative functions and public services.

5. Public entities and the distribution of administrative functions (powers). Relations among public entities (intersubjective).

6. Offices and bodies within public entities and the distribution of activities for the exercise of functions (competencies). Relations between (interorganic) entities.

7. The subjective element of the organisation. Work in public administrations. Public officials.

8. The impartiality of the administration. Objective impartiality: (a) the distribution between policy and administration; (b) measures to prevent corruption. The (subjective) impartiality of public officials.

9. Organisational models in relation to the public and private discipline of the organization.

10. Public and private assets and administrative functions.

11. Financial resources.

12. The administrative activity: from function to action.

13. The administrative act: form, character, typology (aspects fo the move toward digitalization).

14. Administrative and technical discretion.

15. The administrative procedure. Law no. 241 of 1990.

16. The opening of the procedure and the investigation.

17. The procedure and the administrative decision.

18. Administrative transparency (access and publicity).

19. The institutes of administrative simplification.

20. Invalidity (nullity and voidability) and irregularities in administrative action.

21. Administrative proceedings at second instance.

22. The consensual administrative activity: administrative agreements.

23. The negotiating activity of the public administration: public contracts.

24. Administrative action and responsibilities.

25. The protection of citizens against the act and behaviour of public administrations.

26. Administrative petitions.

27. The systems of administrative justice.

To provide a systematic frame for the above-mentioned topics, it is relevant to get to study the historical evolution of the administrative system and its main reforms. This will also help to better understand the pillars of the Public Administration Reform, set out in the NRRP (National Recovery and Resilience Plan) and more specifically: a) access to Public Administration or the rules to make selection procedures more effective, to promote generational change; b) the “good administration”, to simplify rules and procedures; c) the “expertise” required to align knowledge and organizational skills to the new demands of the labour market and modern administration; d) “digitization” as a tool for implementing the reform.

The course is divided into three modules:
1. The first one analyses the evolution of the Italian administrative system and the main profiles and legal principles of the administrative organization and activity;
2. The second one aims to go more in-depth regarding certain definitions and the juridical framework of some of the principles treated, more broadly, in the first module;

3. the third one focuses on subjective legal situations and their protection within the system of administrative justice.

In general, the main institutes of the activity of Public Administration will be examined from an operational point of view (with practical exercise sessions and/or seminars), based on the analysis of judicial decisions and administrative practices, paying particular attention to recent reforms and modernization of the Public Administration.

The focus of the modules will be on the basic objectives and measures of the NRRP which affect more the administrative system from a double perspective:

- for the planned "Public Administration reform" as an essential "horizontal and contextual measure" – together with 'regulatory simplification' – for the achievement of the general objectives of the NRRP;

- for the relevance of the areas of intervention of the NRRP (Digitisation, Innovation, Competitiveness, Culture; Green Revolution and Ecological Transition; Infrastructure for Sustainable Mobility; Education and Research; Inclusion and Cohesion; Health) with respect to specific and related sectors of the administrative system.

Hence, the analysis of the main provisions implementing the administrative reform outlined in the NRRP to highlight their repercussions on the organizational structures and on the procedural and functional institutions of the activity (with special attention on the ongoing digitization process).

The choice of topics for tutorials or seminars will also take into account the findings of students through a learning-on-demand comparative model.

For Students who have to take the exam for the integration of 9 university credits (CFU) the program for the integration concerns the course modules n. 2 and n. 3 which refer to Chapters VIII, IX, X and XI of the manual - E.CASETTA, Manuale di Diritto Amministrativo, Giuffrè, Milano, 2020.

Readings/Bibliography

To obtain an adequate and complete preparation for the subjects of study, but also the need to achieve a solid knowledge for Students, it is recommended to use the following textbook:

E. CASETTA, Manuale di diritto amministrativo, Giuffrè, Milano, 2020, until chap. VIII included.

In addition to the Italian Constitution, students need to know:

- l. 7 agosto 1990, n. 241, "Nuove norme in materia di procedimento amministrativo e di diritto di accesso ai documenti amministrativi";

- d.lgs. 2 luglio 2010, n. 104, cd. "Codice del processo amministrativo".

On the “Virtuale” platform, students will find all the main legal documents, such as: laws, directives, regulations, technical regulations and planning instruments and bibliographic documents considered useful to focus on all the topics of the course and to analyse some topics of interest.

In the instance students want to examine more in-depth any particular topics in their interest, the Professor is available to suggest further textbooks. In case Students show interest in analysing or going more in-depth on any topic, the Professor is available to suggest further textbooks.

At the beginning of the course, attending students may agree to integrate or replace some parts of the program with specific bibliographic references. The same opportunity will be granted to students who will participate to the practical exercises.

Erasmus students, depending on their country of origin, may need to discuss the academic program in class or during the receiving hours.

 

Teaching methods

Teaching will take place throughout lectures (with possible integrations and in-depth analysis also online) where it will highlight:

• principles and main characters of the Italian administrative system, the administrative organisation and activity, in the light of its main reforms, including the most recently one started with the NRRP;

• the reflections of the functions on the different phases of administrative procedure, on the exercise of the administrative power (also consensual) and on the citizen participation

• the "centrality" of the digitization process in the context of administrative reform with particular reference to the simplification of the activity;

• how administrations operate by examining operational and legal cases.

In order to make the teaching activity more inclusive, during the course, meetings will be organized with qualified civil society personalities aimed at deepening methodologies and applications of the administrative law

With respect to the subjects to be used for exercises and seminars, work groups for the preparation of written papers or oral reports can be organised. In case of a positive evaluation, the Professor will take it into account for the final evaluation, limiting the oral examination to those parts that were not treated in those written papers/oral reports.

A special attention will be guaranteed to the comparison and direct dialogue with the students, who will be able, during the lessons, to make proposals for deepening the debate.

To provide maximum information and coordination during lectures, students are always encouraged to check the Professor’s website as well as for any information concerning the course [On the Professor’s 's website], and to log-in and check the "Virtuale" platform for documentation, legislation and bibliography.

 

Assessment methods

The final exam is oral (with possible pre-checks in oral or written form) and the evaluation will be expressed in thirty-one.

The exam, for non-attending students, will concern the topics detailed under “Course Contents” section above, to properly verify the students’ knowledge of principles, textbook subjects and bibliographic material for in-depth analysis.

The exam, for attending students, will include the possibility to present a topic of their choice (even if students will already have taken partial exams). During the evaluation phase, possible mid-term exams taken by students, as well as papers or reports (presented individually or by small groups) on topics that have been the object of exercise sessions and seminars will be taken into account, as described above (under “Teaching methods” section).

The evaluation will take into consideration:

• knowledge of institutional profiles and their historical evolution, as illustrated in class and / or in any case on the basis of the Manuals and bibliographical in-depth analysis;

• the ability to understand the problems addressed in class and / or represented in the Manual as well as make connections between the different parts of the program;

• knowledge of case law and legal doctrine;

• connections between different parts of the program;

• debate skills;

• logical-argumentative articulation and speaking ability;

• speaking accuracy.

Enrolment in the final exam can only be made on-line via the University web site.

During the examination, attending students will be granted the opportunity to present a topic of their choice.

 

Grading system for final grade

The final evaluation will follow these indications:

- lack of basic knowledge and inability to produce a correct interpretation of texts and/or problems → insufficient grade;

- the student is only prepared on a very limited number of course topics and he/she uses his/her analysis skills only with the guidance and help of the Professor. The use of the language is correct overall → 18-19;

- the student is prepared on a limited number of course topics and his analysis skills are autonomous only regarding specific aspects of the course. The use of the language is correct → 20-24;

- the student is prepared on a wide range of course topics; he independently analyses and makes connections between different parts of the program. His language skills are accurate, his expression is articulate, and he masters specific terminology → 25-29;

- the student has a thorough preparation on course topics; he is fully independent in analysing and connecting topics and parts of the program, as well as in reasoning and critical thinking. His language skills are particularly accurate and articulate, and he completely masters specific terminology → 30-30L.

 

Prequalification

The exam can be taken only after passing the examinations in constitutional law and private law.

 

Mid-term exam

Students attending classes will be able to take the mid-term exam. This part of the “Course contents” will not be subject to further specific verification during the final examination.

Any further information regarding mid-terms will only be provided in class and on the “Virtuale” platform (NB. this test is reserved to attending students only).

Mid-term exam – based on topics already covered during the lessons/lectures – it will take place in oral form.

 

Final Thesis

The assignment of a final thesis will take place only after a meeting with the Professor during office hours as specified on the Professor’s website. Upon e-mail request by the student the meeting could also take place online using available telematic tools.

The possible appointment of a co-supervisor must be agreed with the Professor who assigned the thesis.

There are no waiting lists expected.

 

Teaching tools

To make more complete study and investigation of the issues discussed during lectures and seminars students shall indicate additional teaching materials (also available on "Virtuale" platform), in addition to the textbooks specified above.

Initiatives organized and / or indicated by the Professor (such as exercises, seminars and conferences, etc.) are to be considered supplementary to the teaching and will be taken into account during the exam’s evaluation.

Students with specific disabilities and/or DSA shall inform the Professor, who will work to accommodate their needs.

 

Office hours

The Professor is available to receive students at the end of each lecture and every Monday from 12:00 to 13:30 at Dipartimento di Giurisprudenza – Ravenna Campus, via Oberdan, n. 1.

The Professor is also available to receive students – even online – in different office hours upon request, to be sent via e-mail.

See also Franco Pellizzer's website

 

 

Office hours

See the website of Franco Pellizzer

See the website of Filippo Dallari