91394 - Administrative Law

Learning outcomes

The course offers an opportunity to gain in-depth expertise in contemporary administrative law from the perspective of Member States in Europe. Participants will deepen their understanding of critical issues by exploring the potential for common standards in exercising administrative power. The subject requires a consistent analysis of qualifying transnational concepts such as measures and orders, discretion and tied decisions, procedural safeguards, personal stakes vs public benefit, and stakeholders' locus standi. Theoretical discussions and a thorough examination of case law are the elective methods to root skills required for professionals to operate in different legal systems.

Course contents

I. Introduction. Some Definitions of the Subject

Administrative State and the Administrative Power: Introductory Hints.

Legal Systems and the Administrative Law.

Continental Europe. Common Law Countries.

The Administrative Action.

II. Administrative Measures and Decisions

Administrative Measures (Civil Law). Legal Properties

Regulatory Decisions

Administrative Measures under the Common Law.

The US Administrative Procedure Act (APA).

III. Tied and Discretionary Decisions

Administrative Decision-making.

Tied and Discretionary Decisions.

IV. Administrative Proceeding (1)

Administrative Proceeding: Stages and Adjudication.

Safeguards and Common Standards.

The right to be heard. Giving reasons requirement. Rules against bias.

Right to access files as a personal claim.

Sunshine Law/FOIA.

V. Administrative Proceeding (2)

Administrative Proceeding and Decision-Making: Tied and Discretionary Measures.

Early Notices. Final Decision. The “Interested Audience”.

Case Law.

VI. Stakeholders and Locus Standi (1)

Personal Legal Status (Civil Law)

Addressees and Stakeholders

Spread and Large Stakes.

Case Law.

VII. Stakeholders and Locus Standi (2)

Personal Legal Status (Common Law)

Entitlements, Claims, Interests.

Procedural and Substantial Legitimate Expectations (UK)

The Order 53. Case Law.

VIII. Decision Making - Lacks of Legitimacy

Principle of Legality. Ultra Vires.

Administrative Competence. Exceeded Use and Misuse of Power.

Consequences and Administrative Remedies.

The Grounds of Judicial Review.

IX. Administrative Sanctions

Administrative Sanctions: some categories.

Administrative Sanctions under ECFR and ECHR frames.

Punitive Sanctions and the Consequences on Proceeding.

Case Law.

X. Special subject

Public Agency by Contracts.

The EU Minimum Set of Standards on Review Procedures concerning the Award of Public Contracts.

Case Law.

Readings/Bibliography

Recommended teaching materials and references (slides, case law, docs, essays, etc.) are available on "Virtuale" (online Dashboard).

Anyway, one of the following textbooks is warmly suggested:

1) F. Uhlmann, Codification of Administrative Law, 2023.

2) P. Craig, UK, EU and Global Administrative Law, Foundations and Challenges Cambridge University Press, last ed.

3) G. Della Cananea, Due process of law beyond the State. Requirements of administrative procedure, Oxford University Press, 2016.

Moreover, for students lacking a full background in law subjects, other readings are suggested:

1) G.F. Ferrari, Introduction to Italian Public Law, Giuffrè-Francis Lefebvre, 2018 [Chapter n. 6 (only)].

2) P. Pinto de Albuquerque, K. Wojtyczek - Judicial Power in a Globalized World. Liber Amicorum Vincent De Gaetano, Springer International Publishing, 2019, one of the followings: 2.1) E. Bindi, A.Pisaneschi, The Fair Trial as a Guarantee of the Administrative Procedure. 2.2) G. Edelstam, On Legitimacy for the Exercise of Public Power.

3) M. Vala Kristjánsdóttir, Good Administration as a Fundamental Right, Icelandic Review of Politics and Administration, 2013, 1.

4) EU DG Internal Policies, The General Principles of EU Administrative Procedural Law, 2015.

Teaching methods

Theoretical and Case Law-based Lectures.

Case Law Reports and other tasks will be assigned as mandatory homework.

The course requires a good knowledge of basic law subjects and law methodology. For those who do not have an entirely law-based academic background, preparatory course readings are available, yet to be agreed upon with the teacher.

 

Assessment methods

The assessment will focus on the Student's knowledge and ability to resolve issues related to the course subjects through a discussion to evaluate the achievement of the learning outcomes.

The exam consists of an interview with the appointed commission on the topics included in the programme.

The assessment will consider the knowledge of the relevant law framework, the ability to analyze doctrinal and jurisprudential opinions and single out connections between the relevant topics, critical reasoning, clarity of presentation, and critical thinking.

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 of 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.

Teaching tools

Slides and Essays.

Case Law docs (Courts' rulings, Agencies decisions, etc.).

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Daniele Senzani