02654 - Special Administrative Law

Learning outcomes

At the end of the course, the student: • Demonstrates knowledge and understanding of the principles and rules related to the most recent legislative reforms of the administrative sector (e.g., public contracts and local public services), with particular focus on their implications on the well-being of local communities, the democratic dimension, and the promotion of civil society's demands. (knowledge and understanding) • Is able to evaluate independently the legal, economic, and social implications of administrative decisions, formulating critical judgments based on normative, jurisprudential, and doctrinal positions. (autonomy of judgment) • Develops independent learning skills, gains methodological tools to explore the topics addressed in the Course, considering the necessity of continuous updating required in the legal sector. In particular, the student is able to consult independently and analyze legislative, jurisprudential, and doctrinal sources. (learning skills) • Is able to identify and solve practical legal issues applying a critical and structured approach, communicating the results in a technical and comprehensible manner. (ability to apply knowledge, understanding, and communication)

Course contents

As part of a reorganization of teaching commitments, the course for the Academic Year 2025/2026 will be entirely taught by Prof. Roversi Monaco.

Part I – Legislative and Regulatory Framework in Building and Urban Planning

1. Urban Planning Law

• Historical development and legal sources
• General principles and public interest objectives
• Interaction between planning and building regulations

1. Urban Planning Instruments and Procedures

• Planning tools: territorial, general, and implementation plans
• Planning levels: national, regional, municipal
• Procedures for drafting and approval
• Legal effects and urban planning constraints

1. Regulation and Oversight of Building Activities

• Enabling titles: building permit, SCIA, CILA
• Works exempt from or subject to authorisation
• Administrative powers of inspection and verification
• Interplay with landscape, environmental, and seismic regulations

1. Sanctioning Regime

• Building offences: classification and case examples
• Administrative and criminal sanctions
• Demolition and restoration orders
• Limitation periods and building amnesties

Part II – Liability of the Public Administration

1. General Framework

• Concept and scope of public administration liability
• Distinction between organisational liability and individual liability within the administration
• Constitutional principles: legality, impartiality, good administration (Art. 97 Const.)
• Legal sources: Constitution, statutory law, EU law

1. Types of Liability

• Civil liability: non-contractual liability (Art. 2043 Civil Code), damage to legitimate interests and subjective rights, liability arising from administrative measures or conduct
• Administrative liability: definition, scope, role of the Corte dei conti, and liability for damage to public funds (danno erariale)

Part III - Reorganisation of the regulation of local public services of economic significance under Legislative Decree No. 201 of 23 December 2022

• General principles, scope of application, and relationship with sector-specific regulations
• Organisation and allocation of functions in the field of local public services
• Establishment and organisation of local public services of economic significance
• Regulation of networks, facilities, and other infrastructure assets
• Regulation of the public service relationship, supervision, and user protection

Readings/Bibliography

The textbooks will be indicated to the students, also according to their needs for further study, on the first day of class. After agreeing with them on that occasion, the possible texts on which to study will be posted on this web page.

In general, for the purpose of further study, possible additional research and for possible theses even in subjects other than the present one, a methodological bibliographic indication is provided:

- M. CAMMELLI, Amministrazioni pubbliche e nuovi mondi, (scritti scelti a cura di C. BARBATI, M. DUGATO, G. PIPERATA), Bologna, Il Mulino, 2019;

- Diritto amministrativo e società civile. Muovendo dalle opere di Fabio Roversi Monaco, Volume I - Studi introduttivi, BUP, Bologna, 2018; Volume II - Garanzia dei diritti e qualità dei servizi, Bologna, 2019; Volume III - Problemi e Prospettive, Bologna, 2020 (a cura di N. AICARDI, G. CAIA, M. DUGATO, M. GOLA, A. LOLLI);

- G. CAIA, V. CAPUTI JAMBRENGHI, V. DOMENICHELLI, E. FOLLIERI, M. GOLA, G. GRECO, L. MAZZAROLLI, C. MIGNONE, G. MORBIDELLI, G. PERICU. A. POLICE, A. ROMANO, A. ROMANO TASSONE, F. A. ROVERSI MONACO, F. G. SCOCA, R. VILLATA, Diritto amministrativo, vol. I (pagg. 1004) e vol. II (pagg. 768), Bologna, Monduzzi, 2005;

- G. DELLA CANANEA, M. DUGATO, B. MARCHETTI, A. POLICE, M. RAMAJOLI, Manuale di diritto amministrativo, Torino, Giappichelli, 2024 (pagg. 512).

As well as on specific issues:

- G. CAIA, M. CALCAGNILE, E. CARLONI, F. FIGORILLI, P. PRINCIPATO, D. SIMEOLI, Il riordino della disciplina dei servizi pubblici locali di rilevanza economica: contenuto e caratteri del D.lgs. 23 dicembre 2022, n. 201, Napoli, Editoriale scientifica, 2023;

- N. AICARDI, G. CAIA, M. CALCAGNILE, P. ACRI, La gestione dei servizi pubblici locali dopo il D.lgs. 23 dicembre 2022, n. 201: approfondimenti e inquadramento concettuale: con rassegna di giurisprudenza e nomativa principale, Napoli, Editoriale scientifica, 2024;

- S. FANTINI, H. SIMONETTI, Le basi del diritto dei contratti pubblici, III edizione, Milano, Giuffrè, 2024;

- F. CARINGELLA, M. GIUSTINIANI, A. NAPOLEONE, I nuovi contratti pubblici, Analisi ragionata del nuovo Codice dei contratti pubblici (D. Lgs. 36/2023), Dike giuridica, Napoli, 2023;

- R. CARPINO, Testo unico degli enti locali commentato: annotato con giurisprudenza, prassi e casi pratici, coordinato con le leggi collegate: testo unico delle società partecipate commentato con la giurisprudenza, 18. ed, Santarcangelo di Romagna, Maggioli, 2023;

- C. BEVILACQUA, F. SALVIA, N. GULLO, Manuale di diritto urbanistico, Padova, Cedam, 2021.

Teaching methods

Teaching will be conducted through face-to-face lectures.

Special attention will be devoted to discussion and direct dialogue with students, both during lectures and during the weekly reception times indicated at the bottom of the page.

The Course aims to provide students with the necessary tools to achieve an advanced degree of preparation of Administrative Law, enabling them to grasp its many practical-applicative implications and to have the ability to move easily in the world of work and professions.

To complement this basic preparation, the Course also aims to achieve a significant involvement of students, through lectures on the most innovative and controversial issues of the subject, in which to be able to reconstruct, depending on the topic, the different doctrinal orientations, the jurisprudential evolution and the concrete dynamics, thanks to the use of interactive teaching methods such as learning on demand.

To ensure maximum information and coordination during the course of the lectures, students are encouraged to always check the lecturer's website for any notices as well as news pertaining to the course.

Assessment methods

Final exam will be held in oral form and the evaluation will be expressed out in thirty. The exam will focus on topics related to those indicated in the “Contents” section, in order to verify the student's acquisition of the notions imparted within the teaching.

The student's level of preparation will be evaluated as follows:

18-19 Very limited preparation. Basic response to questions. Exposition not very technical.

20-23 Fair preparation. Acceptable response to questions. Exposition with elements of technicality.

24-27 Good preparation. Relevant answers. Technical and appropriate exposition.

28-29 Excellent preparation. Complete answers with exact terminology. Exposition of good ability.

30 Excellent preparation. Answers supported by complete knowledge and with very adequate terminology. Systematic exposition.

30 L Uncommon and excellent preparation. Very satisfactory answers denoting study, thorough culture and acquired logical ability. Reconstructive and brilliant exposition.

According to the provisions of the University and Departmental regulations, registration for the final examination may be done within the University's portal with the terms and procedures stipulated therein

Prerequisites

Administrative law is preparatory to Advanced Administrative law.

Degree thesis

Thesis topics will be discussed during the office hours and upon request.

The appointment of a co-discussant, if any, must be agreed upon with the professor who assigned the thesis.

There are no waiting lists.

Teaching tools

To make the study and in-depth study of the topics covered during the lectures and seminars more complete, additional teaching materials will be indicated to students, in addition to those indicated in the appropriate section of this page. Such materials will, in addition, be made available to students, who can consult them on the lecturers' website.

Students with disability or specific learning disabilities (DSA) are required to make their condition known to find the best possible accommodation to their needs.

Office hours

See the website of Giuseppe Caia

See the website of Maria Giulia Roversi Monaco