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LUISS Guido Carli

European administrative law

Programma

ProfessorMario Pilade Chiti / Marco Macchia
Course codeM029
General Discipline (SSD)IUS/10
Course Year4
SemesterII Semestre
Course0
Teaching LanguageEnglish
Credits6
Total Workload126
Total Lesson Hours36
Course ContentsThe foundations of the EU administrative law. The EU administrative competences and tasks. The EU administrative organization. The EU administrative procedure law. The financing of EU. The EU personnel. The influence of EU administrative law on the national administrative law in Italy and in other Member States. The changing nature of national administrative law on organization, procedure, judicial guarantees. The new “integrated administrative law” in the EU. The case of composite procedures and the case of judicial guarantees. Towards the “European Administrative Space”. The recent crisis of the sovereign debt in some Member State of the Eurozone and the new administrative measures. The Banking Union
Reference BooksTextbooks Alternatively:
- H. Hofmann-G. Rowe-A. Turk, Administrative Law and Policy of the European Union, Oxford University Press, 2011;
Part I (in full: pages 3-65); Part II (only: para. 6, pages 117-142; para. 7, pages 143-221 ; para. 8 pages 222-258); Part III (only: para. 9, pages 259-331; para. 11, pages 360-410; para. 13, pages 491-508); Part IV (only: para. 16, pages 536-586);
- M.P. Chiti (ed.), Diritto Amministrativo Europeo, Giuffrè, Milano, 2013;
Capitolo I (in full); Capitolo II (in full); Capitolo IV (in full); Capitolo V (in full); Capitolo VI (in full); Capitolo VIII (in full); Capitolo IX (only pages 380-515);
- P. Birkinshaw, European Public Law, Wolters Kluwer, 2014, only pages: chapter 1, pages 1-31; chapter 2, pages 31-76; chapter 3, pages 105-126; chapter 4, pages 165-225; chapter 8, pages 365-413; chapter 13, pages 631-666.

Suggested readings and materials
-P. Craig, European Administrative Law, Oxford University Press, 2012;
-L. De Lucia- B. Marchetti (eds), L'amministrazione europea e le sue regole, Il Mulino, Bologna, 2015;
-R. Schütze, European Constitutional Law, Cambridge University Press, Cambridge, 2012;
-K. Laenerts and others (eds), EuropeanProcedural Law, EU Law Library, OUP, Oxford, 2014;
-Treaty on European Union; Treaty on the Functioning of the European Union; Charter of Fundamental Rights of the EU.

Cases and materials:
- Treaty on European Union, arts. 1-19;
- Treaty on the Functioning of European Union, art. 6, art. 197 and art. 298;
- The Junker Commission: composition, competences, press release "manifesto";
- European Parliament resolution on a Law of Administrative Procedure of the European Union (2012/2024 (INI));
- WTO Statute;
- WHO Basic document;
- Council of Europe Statute;
- ECHR, and its Protocol n. 16;
- Court of Justice, advis 2/13 on ECHR;
- European Banking Authority istitutive Regulation 1093/2010.
Course Formative ObjectivesA) The evolution of administrative law as a legal discipline of traditional national character, linked with the State legal order, towards a branch of law strongly influenced by European law. B) The new scope of administrative law principles and notions. C) The features of European administrative law. The Course will deal with the administrative law of the EU, the national administrative law under the EU law influence, the developing “composite/integrated administrative law”
PrerequisitesGeneral knowledge of administrative law and EU law
Teaching MethodLectures. Classes on case law and legal materials. Workshops and seminars with national and European experts.
Assessment MethodOral exam
Criteria For Deciding On Subject Of Final Paper
Extended Program And Reference Reading Material
Week 1General Introduction. The notion of European Administrative Law.
Week 2The constitutional base of the European administration. The relevant TFEU provisions. The recent case law of the Court of Justice.
Week 3The general principles of EU law and their relevance for the administrative function. Codified general principles and general principles elaborated by the jurisprudence.
Week 4The internationalization of public administration. The international administrative organizations. The case of WTO. The developing global administrative law.
Week 5The notion of public administration in EU law. “Public administration” in the law of public contracts and of access to public offices.
Week 6The EU discipline of public contracts. Public procurement, concessions, etc. The directives 2014 and their implementation in the Member States.
Week 7EU economic and monetary union. The banking union. The recent case law of the Court of Justice.
Week 8The European Commission and its structures (DG; offices; etc). The Commission as European Executive?
Week 9The EU administrative organization. European agencies; offices and bodies. Committees and comitology.
Week 10Relations between European and national administrations. The regions and their role in the EU system. The Committee of regions. The role of local authorities.
Week 11The EU administrative action’s discipline. General principles on administrative procedure. Proposals for an EU regulation on administrative procedure.
Week 12The judicial guarantees at the EU level. EU procedural law. The European Courts: composition, competences, etc. The preliminary reference procedure and its importance for administrative law.