ITALIAN ADMINISTRATIVE LAW

ITALIAN ADMINISTRATIVE LAW

Silvia De Nitto

Instructional goals

The course is aimed at the study of the law regulating the organisation and activity of the public administration, in its components given by the administrative functions, the ways in which they are carried out and the means by which they are carried out. The aim of the course is to provide a comprehensive basic knowledge of the relevant discipline, the jurisprudential orientations and the lines of evolution

Intended learning outcomes

Knowledge and Understanding - The course will provide an overview of the main institutes of today's administrative law, the organisation of public administrations, procedures, administrative acts, also in relation to the influence of European Union law. Knowledge is acquired through lectures, case analyses and problem solving. Knowledge is tested by means of an oral examination, the results of exercises, class discussions and case analyses. Ability to apply knowledge and understanding - The student will acquire skills in researching and analyzing regulatory sources and jurisprudential guidelines, reading and understanding the mechanisms of public administration and administrative activity. Autonomy of judgment - The student will acquire skills of analysis of the institutes of administrative law, ability to identify relevant regulations and procedures, including for the purpose of solving practical cases. Specifically, critical thinking, interpersonal and communication skills will be adequately developed. Communication skills - The objective is for the student to be able to distinguish the different argumentative styles of the discipline (judicial, scientific, bureaucratic discourse, etc.), and to appropriately employ technical-legal vocabulary, adapting the style of communication according to the context, interlocutors and the type of document/exposition to be made. Learning skills - The student will acquire the ability to identify and interpret normative variations and different doctrinal and jurisprudential orientations in the field of administrative law. He/she will possess a degree of knowledge suitable for developing learning skills such that he/she will be able to continue to keep up to date, including independently, in the subject.

Course Contents

Administrative law and its sources; administrative functions; the administrative measure; the administrative procedure; types of procedures; administrative organisation; personnel; public services

Reference Books

Marcello Clarich, Manuale di diritto amministrativo, Il Mulino, ultima ed., excluding Chapters VI, VII, XII and XIV

Teaching Methods

Lectures, exercises with group work, discussion of administrative cases, drafting of procedural documents, simulations of administrative procedures, written tests. The written tests, intended for students who attend the lectures assiduously, will take place as a surprise and will be aimed at verifying the level of learning with regard to the topics covered in the lectures. They will take place in different modes (open-ended questions, multiple-choice questions, cases to be solved). Each test will be given a grade. The average of the marks obtained in the various tests will be considered for the final grade, taking into account the number of tests the student will have taken

Assessment Method

The examination is conducted by means of a written test (two open questions) - to which no separate mark is awarded - and an oral interview. The student shall demonstrate that he/she knows and understands: the institutes and principles of the administrative process and administrative law, limited to the topics covered by the syllabus; their application to practical cases brought to his/her attention by the lecturer through the presentation of concrete examples; the relationship between the aforementioned institutes and principles and the sector legislation; the relationship between the aforementioned institutes and principles and the corresponding private-sector institutes and principles; the interaction between the regulatory disciplines, administrative practice and case law. The student must also make correct use of the technical-legal vocabulary of the subject, thus demonstrating that he/she has attained the study method and learning ability necessary to continue, also independently, the in-depth study of the subject. For the purposes of awarding the grade in thirtieths, the following assessment criteria will be taken into account: knowledge and understanding of the institutes and principles of the subject, as well as the relationships between the various sources of discipline, and the ability to apply them to concrete cases, also on the basis of the exercises and tests carried out during the course (65 %); ownership of the technical-legal vocabulary, ability to identify and evaluate the relevant sources and acquisition of the study method (35 %). Insufficient knowledge of one or more institutions or principles will result in an insufficient assessment even in the presence of a basic knowledge of the subject. During the course, tests and exercises will be carried out that are also useful for the intermediate verification of the course participants' preparation, it being understood that the grade will only be awarded at the end of the final examination, which will take place at the end of the course, in accordance with the assessment methods and criteria specified in detail above. Attendance to the course and the performance of tests and exercises allow for up to 2 "bonus" points to be added to the final exam grade

Thesis assignment criteria

Course attendance, interest shown in the subject, exam grade

Week 1

- What is administrative law - The constitutional basis of administrative law - The principles of administrative law

Week 2

- The sources of administrative law - Contingent and urgent ordinances: analysis of concrete cases - General administrative acts and administrative regulation

Week 3

- The notion of public administration - Exercise: analysis of a case on institutions - Administrative power and legitimate interest

Week 4

- Discretionary and constrained administrative activity - The technical evaluations: case studies - The legal regime of the administrative measure

Week 5

- The types of administrative measures - The justification of administrative measures: analysis of concrete cases - The invalidity of administrative measures

Week 6

- The administrative procedure and Law No. 241/1990 - Access to documents and generalised civic access: analysis of concrete cases - The legal regime of administrative procedure

Week 7

- The types of administrative procedures - The Certified Declaration of Commencement of Activity

Week 8

- The services conference - Administrative silences

Week 9

- Administrative Arrangements - The powers of self-protection

Week 10

- Models of administrative organisation - The ministries - Public bodies, independent authorities, public companies

Week 11

- The employment relationship with public administrations - Collective bargaining for civil servants. Analysis of practical cases - Administrative leadership

Week 12

- The evolution of public services - The management models of services of general economic interest