ITALIAN ADMINISTRATIVE LAW
Instructional goals
The Course aims at the study of the law governing the organization and activity of public administration, within its components given by administrative functions, their modes of performance and how they are carried out. The objective of the Course is to provide a comprehensive basic knowledge of the relevant discipline, jurisprudential orientations and lines of evolution. Knowledge and Understanding: The student - through participation in the lectures and practical activities of the Course - will have acquired full knowledge of the general principles and disciplines of administrative law, also in the light of the supranational framework, and will have learned the classification of administrative functions, which will enable him or her to navigate the special part of administrative law. The acquisition of such knowledge will be ascertained through interaction with the lecturer in class, through exercises, analysis of concrete cases and group work, and through the final examination, which will consist in an oral interview.
Intended learning outcomes
Ability to apply knowledge and understanding: The student - based on the teaching of method provided - will be able to identify the legal principles and rules of administrative law to be applied to the concrete case. Taking into account the different regulatory contexts, the student will be able to interpret and apply them, also in the light of supranational law, and to solve legal problems. Interaction with the lecturer in class, exercises, analysis of concrete cases and group work, and the presence of online content will allow for verification of acquired skills. The acquisition of such knowledge will also be ascertained in the final exam, which will consist of an oral interview.
Autonomy of judgment: The student, through the use of the methodologies acquired during the course, will be aware of the complexity of administrative regulation and the need to navigate it on the basis of general institutions and principles. He/she will then know how to identify the relevant elements for dealing with each case to be solved and gather the relevant materials. He/she will then acquire the ability to independently evaluate, identifying solutions to practical cases, in administrative and jurisdictional settings. These skills will be tested not only through exams and exercises, but also by simulating concrete situations.
Communication skills: At the end of the course, the student will be able to handle, with adequate terminological precision, the technical-legal vocabulary proper to administrative law. He/she will also be aware of the need to adjust the vocabulary to different administrative contexts. Through participation in course activities, he/she will learn to practice these communication skills in different contexts, adapting the vocabulary to the interlocutor. These communication skills will be tested during the various course activities and in the final exam, which will consist in an oral interview.
Learning Skills: The technical-legal knowledge acquired during the course will enable the student to independently understand and interpret regulatory, doctrinal and jurisprudential developments, and to distinguish important developments from detailed changes. He or she will develop a solid knowledge of the fundamental aspects of the subject, which will enable him or her to independently delve into it and identify possible job prospects. This ability will be stimulated through normative and jurisprudential updates that become appropriate during the course and verified, in addition to the various course activities, in the final examination, consisting of an oral interview.
Course Contents
Origin and evolution of administrative law, The constitutional foundations of administrative law, The principles of administrative law, The sources of administrative law, The notion of public administration, Administrative functions, The administrative measure, Administrative proceedings, Types of administrative proceedings, Administrative organization, Public personnel, Public property, Public finance.
Reference Books
Marcello Clarich, Manuale di diritto amministrativo, Il Mulino, last edition (2024), chapters 1-5, 8, 10-11, 13 (no chapters 6, 7, 9, 12, 14).
Other study materials will be uploaded to the Course's e-learning platform.
Teaching Methods
Lectures, Exercises and discussions, Analysis of cases and materials, Tests with multiple choice questions, Group work, Simulations of concrete cases. Joint activities between different teaching channels will also be experimented in.
The examination consists in an oral interview in which the student is required to demonstrate that he/she knows and understands: the institutions and principles of the general part of administrative law, also through the discussion of practical cases dealt with in class; the relationship between the aforementioned institutions and principles and the legislation of the sector; the relationship between the aforementioned institutions and principles and the corresponding private-sector institutions and principles; the interaction between regulatory disciplines, administrative practice and case law. The student must also correctly use the technical-legal vocabulary of the subject, thus demonstrating that he or she has acquired the method of study and the learning ability required to pursue also independently the in-depth study of the subject.
Assessment Method
For the purposes of assigning the grade in thirtieths, the following will be taken into account:
- knowledge and understanding of the institutes and principles of the subject (50%);
- the ability to apply them to concrete cases (20%);
- the ownership of technical-legal vocabulary and the acquired method of study (30 %).
Attending students may take, halfway through the Course, a written test on the topics covered in the first two weeks of the Course; they may also take, at the end of the Course, an intermediate test of preparation, which will form the evaluative basis for taking the oral examination. Evaluation will always take place at the outcome of the final exam, according to the procedures specified above.
Thesis assignment criteria
Course attendance, interest shown in the subject, grade on exam.
Week 1
Session 1
Origin and evolution of administrative law.
Session 2
The constitutional basis of administrative law.
Session 3
Principles of administrative law.
Week 2
Session 1
The sources of administrative law.
Session 2
Contingent and urgent ordinances: analysis of concrete cases.
Session 3
General administrative acts and administrative regulation.
Week 3
Session 1
The notion of public administration.
Session 2
The broad and narrow notion of public administration: analysis of concrete cases.
Session 3
Administrative power and legitimate interest.
Week 4
Session 1
Discretionary and constrained administrative activity.
Session 2
The principle of proportionality: analysis of concrete cases.
Session 3
The legal regime of the administrative measure.
Week 5
Session 1
The types of administrative measures.
Session 2
The motivation of administrative measure: analysis of concrete cases.
Session 3
The invalidity of the administrative measure.
Week 6
Session 1
Administrative proceedings and Law No. 241/1990.
Session 2
Access to documents and generalized civic access: analysis of concrete cases.
Session 3
The legal regime of administrative proceedings.
Week 7
Session 1
The types of administrative proceedings.
Session 2
Coastal state concessions: analysis of concrete cases.
Session 3
Intermediate written test on the topics of the first two weeks of the Course.
Week 8
Session 1
The organization of public administrations.
Session 2
General rules of administrative organization.
Session 3
Simulation of services conference in the classroom (with previous work divided into groups).
Week 9
Session 1
Administrative organization models.
Session 2
State, regions and local authorities.
Session 3
Public entities, independent authorities, public companies.
Week 10
Session 1
Organizational relations between national administration and European administration
Session 2
The employment relationship with public administrations.
Session 3
Collective bargaining for public employees.
Week 11
Session 1
Administrative management.
Session 2
In-house companies: analysis of concrete cases.
Session 3
Public goods.
Week 12
Session 1
The different categories of goods.
Session 2
Public finance.
Session 3
End-of-course written test (optional).