02527 - Administrative Law II

Learning outcomes

The course aims to provide students with knowledge and understanding of administrative law, including through the acquisition of independent judgement and the ability to apply knowledge. The course will cover the following topics: administrative management functions, public employment, public finance, public assets, contractual activities of public administration, public administration liability, and the principles and institutions of administrative justice. These topics will also be illustrated by highlighting the different doctrinal approaches and analysing case law.

Course contents

Programme:

- Administrative management functions

- Public employment

- Public finance

- Public assets

- Administrative controls

- Public companies

- Contractual activities of the public administration. Public evidence and the Public Contracts Code

- Responsibility of the public administration

- The origins and formation of the administrative justice system

-Constitutional principles on the judicial protection of citizens against public administration.

-Criteria governing the division of jurisdiction between administrative courts and ordinary courts.

- General framework of administrative jurisdiction: general jurisdiction, exclusive jurisdiction and jurisdiction on the merits.

- Conditions for action.

- Actions in administrative proceedings.

- Jurisdiction of the judge, parties to the proceedings, general principles of the proceedings

- First instance proceedings: appeals, additional grounds, incidental appeals, counterclaims, preliminary investigations

- Rulings in administrative proceedings

- Precautionary protection

- Appeals

- “Special” procedures: proceedings concerning access, proceedings concerning silence, summary proceedings

- Administrative appeals

- Compliance proceedings

Readings/Bibliography

1. G. della Cananea - M. Dugato - B. Marchetti - A. Police - M. Ramajoli, Manuale di diritto amministrativo, Torino, Giappichelli, seconda ed., 2023 o eventuali successive edizioni

2. M. Clarich, Manuale di giustizia amministrativa, Bologna, Il Mulino, 2023 o eventuali successive edizioni

Teaching methods

Classes will be held in person.

Particular attention will be paid to discussion and direct dialogue with students, both during classes and during the weekly office hours indicated on the lecturer's website.

The course aims to achieve significant student involvement through in-depth analysis of the most innovative and controversial issues in the subject, in which, depending on the topic, the different doctrinal orientations, jurisprudential developments and concrete dynamics can be reconstructed.

To ensure maximum information and coordination during the lessons, students are invited to always check the teacher's website for any notices and news relating to the course.

Assessment methods

The final exam will be oral and will be graded on a scale of 30. The interview will focus on topics related to those indicated in the ‘Contents’ section, in order to verify that students have acquired the knowledge taught in the course.

Attending students

Students who attend classes will be able to take the exam based on a differentiated programme that will be communicated in class at the beginning of the course.

Erasmus students

In order to take the exam, Erasmus students must study the programme indicated above in the “Contents” section for students of the single-cycle Master's degree course in Law, with the exception of the part concerning administrative justice.

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

18-19 Very limited preparation. Basic answers to questions. Presentation lacking in technical detail.

20-23 Fair preparation. Acceptable answers to questions. Presentation with some technical detail.

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

28-29 Excellent preparation. Complete answers with accurate terminology. Good presentation skills.

30 Excellent preparation. Answers supported by comprehensive knowledge and highly appropriate terminology. Systematic presentation.

30 L Uncommon and excellent preparation. Very satisfactory answers demonstrating study, in-depth knowledge and acquired logical skills. Reconstructive and brilliant presentation.

In accordance with University and Department regulations, registration for the final exam can be done on the University's online portal in accordance with the terms and conditions set out therein.

Teaching tools

Students who, for reasons related to specific learning disorders (SLD) or temporary or permanent disabilities, require compensatory tools are advised to contact the University office responsible http://%20http//https//site.unibo.it/studenti-con-disabilita-e-dsa/it in good time: This office will propose any necessary adjustments to the students concerned, which must in any case be submitted 15 days in advance for approval by the teacher, who will assess their appropriateness in relation to the educational objectives of the course.

Office hours

See the website of Giovanni Mulazzani