68360 - Administrative Law

Learning outcomes

The course aims to provide students a comprehensive knowledge of Italian administrative system, in light of its principles and sources’ developments. The course deals with the ways in which public administrations operate, through an analysis of the major organizational forms and activities at play. The purpose is also to illustrate the legal framework in which Cultural Heritage Law is related to.

Course contents

The core of the course consists of an approach to the digital administrative system and of its application to the cultural heritage, with particular reference to Digital Library and to museum services.

For this reason, the fundamental lines through which the Italian administrative system was formed are first illustrated, also through the examination of its historical evolution (from the unification of Italy to contemporaneity) and through the examination of the main characteristics of the organization and of the activity of the public administration.

The main pillars of the NRRP (National Recovery and Resilience Plan) are then analyzed, with particular attention on the “Reform of the Public Administration” (with the main aim to “digitize” every aspect touched by said Reform) and to the measures, contained in the NRRP, for the safeguard of “Cultural heritage for the next generation”.

The attention is then oriented to the complex transition phase towards digitization of the administration and then to the tools and models that implement the principles of digital citizenship and open government, with reference to the reflections on the administration of cultural heritage and, in particular, to the management of the library and museum systems.

Here, the main focus will be in particular on organizational modifications deriving from the gradual computerization and digitalization of the administrative system, as defined in the “Three-Year Plan for IT in the Public Administration” and, in particular, on the role of the Agency for Digital Italy, on the governance, on the databases system and on their interoperability, on digital platforms (among which it is possible to find SMN, National Museum System), on the National Strategic Pole of digital infrastructures and on the management of IT security.

Furthermore, the main legal issues deriving from the application of systems, methods, and instruments of the digitalization of documents will be analysed, such as: planning, technologies and technical rules, creation and dematerialization processes, retention and access to data; data, public data, open data, copyright and privacy.

The course content is constantly updated within the regulatory framework (legal rules and technical rules) provided by European and Italian law.

The training provided also allows optional participation in the 'Workshop on public administration, digitisation of the administrative system and public contracts' concerning certain aspects of public administration activities, in particular public contracts (procurement and concession for works, services and supplies) and digitisation of the administrative system (for details on content and organisational methods, see the Degree Course website).

Readings/Bibliography

To obtain an adequate and complete preparation for the subjects of lectures, students (attending and non-attending) must consult

C. BARBATI, M. CAMMELLI, L. CASINI, G. PIPERATA, G. SCIULLO, Diritto del patrimonio culturale, Il Mulino, Bologna, 2020 (for Chapters II and IV);

R. CAVALLO PERIN - DIANA URANIA GALLETTA, Il diritto dell’amministrazione pubblica digitale, Giappichelli, Torino, 2020 (for ”Introduction” and Chapters II and III)

For further information, it is possible to consult the online legal magazine: «Aedon. Rivista di arti e diritto online» on: http://www.aedon.mulino.it.

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

On the "Virtuale" platform, acts, documents and bibliographical materials regarding the NRRP (National Recovery and Resilience Plan) are made available to students.

In the event attending students wish to go more in-depth with any topic they are particularly interested in, the Professor may decide to suggest supplementary materials and textbooks and to consequently substitute some of the Chapters of the textbooks listed above with the former study materials.

Teaching methods

Teaching will take place throughout lectures (with possible integrations online), with highlights on:

• the main characters of the Italian administrative system with particular reference to the protection and promotion of cultural heritage;
• the latest reforms on digitization of public administration (including NRRP implementation measures) and their necessary correlation with the computerized organization and management of cultural heritage;
• the most relevant legal regime profiles regarding the digitalization of documents.

With respect to the subjects to be used for exercises and seminars, group works focused on written or oral presentation can be organized. For attending students, the positive evaluation of said group works will be considered by the Professor for the final evaluation, limiting the oral examination to the parts of the program that were not covered in the group works.

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]. There, students can also find a collection of important administrative laws and documents.

Assessment methods

The examination at the end of the course will take place in oral form (with possible pre-examinations - reserved for attending students - also in oral form and which may consist of the presentation of reports/works on topics agreed upon with the Professor). The evaluation will be expressed in thirty-one.

For non attending students, the discussion will focus on topics related to those outlined in the "Course contents" section, in order to verify the acquisition by students of the knowledge contained in textbooks and in other study materials provided.

During the final examination, attending students will be granted the opportunity to present a topic of their choice (also if they have already taken their pre-checks). In the final evaluation it will be possible to take into account, according to the description found under “Teaching Methods”, the results of the pre-check, the oral presentation and the papers written during the practical exercises, individually or in groups.

The evaluation will take into consideration:

• knowledge of institutional profiles and of their historical evolution, as explained during lectures or as learnt through personal studies and bibliographic research;
• comprehension abilities and the ability to make connections between different parts of the program;
• debate skills with particular reference to the knowledge of case law and legal doctrine;
• speaking ability;
• speaking accuracy.

In accordance with the regulations of the University, enrollment in the final exam can only be made online via the University website in accordance with terms and conditions therein.

The final evaluation will be carried out according to these general guidelines:

- “fail” grade: the student lacks basic knowledge and is not capable of interpreting texts and problems;

- “basic pass” grade: the student has learnt basic knowledge, is capable of interpreting issues correctly but is scarcely autonomous or imprecise in this activity;

- “intermediate pass” grade: the student has intermediate knowledge and is capable of interpreting correctly almost every issue, though not always precisely and autonomously;

- excellent grade: the student has high-standard knowledge and is capable of interpreting every issue autonomously, mastering a high level of specification. The student has excellent speaking abilities.

Teaching tools

The Professor may indicate additional teaching materials (legal cases) or legal sources during lectures, exercise sessions or seminars which will be considered part of the exam, in addition to the texts specified above. They will be provided on the “Virtuale” platform.

Initiatives organized and / or indicated by the Teacher (such as exercises, seminars and conferences, etc.) are to be considered supplementary to the teaching and attendance to these events will be taken into account during the exam.

Students with specific disabilities and/or SLD 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. The Professor is also available to arrange, via e-email, remote meetings using the University's digital and telematics tools.

Office hours

See the website of Franco Pellizzer