ITALIAN ADMINISTRATIVE LAW
Instructional goals
The course is aimed at the study of the law that governs the organization and activity of public administration. The course will focus on the administrative functions, ontheir ways they are carried out and on the tools with which they are carried out. The aim of the course is to provide a complete basic knowledge of the general regulations of administrative law, of the cas law tendencies and of their evolution.
Intended learning outcomes
Knowledge and understanding: The student - by participating in the lectures and practical activities of the course - will have acquired full knowledge of the principles and general regulations of administrative law, also considering the supranational framework, and will have learned the classification of administrative functions, which will allow him to orient himself in the special part of administrative law. The acquisition of such knowledge will be ascertained through interaction with the teacher in class, through exercises and through the final exam, which will consist of a written test and an oral interview.
Ability to apply knowledge and understanding: The student - on the basis of the method tips provided - will know how to identify the legal principles and the rules of administrative law to be applied to the concrete case. Taking into account the different regulatory contexts, he will be able to interpret and apply them, also in light supranational law, and solving legal problems. The interaction with the teacher during the lessons, the exercises and the presence of online content will allow to verify the skills acquired. The acquisition of such knowledge will also be ascertained in the final exam, which will consist of a written test and 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 regulations and of the need to orientate himself on the basis of the general principles. He will then be able to identify the elements relevant to the case to be solved and collect the relevant materials. He will therefore acquire the ability to evaluate independently, identifying solutions to practical cases, in administrative and jurisdictional terms. These skills will be verified not only through exams and exercises, but also through the simulation of administrative and judicial cases.
Communication skills: At the end of the course the student will be able to master the technical-legal lexicon proper to administrative law. He will also be aware of the need to adapt the lexicon to different administrative contexts. By participating in the course activities, he will learn to put these communication skills into practice in different contexts. These communication skills will be verified during the course's various activities and in the final exam, which will consist of a written test and an oral interview.
Learning skills: The technical-legal knowledge acquired during the course will allow the student to understand and interpret autonomously the regulatory, doctrinal and jurisprudential innovations, and to distinguish important developments from minor changes. He will develop a solid knowledge of the fundamental aspects of the matter, which will allow him to deepen it independently and to identify possible job prospects. This ability will be stimulated through regulatory and jurisprudential updates that will be appropriate during the course and verified, as well as in the various activities of the course, during the final exam, consisting of a written test and an oral interview.
Course Contents
Administrative law, Administrative functions, Administrative organization, Public staff, Finance and public goods, Administrative procedure, Administrative act, Types of procedures, Public procurement
Reference Books
Marcello Clarich, Manuale di diritto amministrativo, Il Mulino, last ed., chapters 1-5 and 8-13 or other university handbook of administrative law, excluding the chapters on public contracts, administrative controls, responsibility and administrative justice
Teaching Methods
The lessons will mainly be frontal lessons, in which students will be stimulated to reason and discuss. At the beginning of each lesson there will be a brief summary of the previous lessons, with the involvement of the students. Tests will occasionally take place.
In addition, for the interested students, there will be exercise works on cases. Students who regularly and actively participate in class and to the exercise works will be awarded one additional point to the final mark. Students who show particular commitment and performance will be awarded two points.
The tests, reserved to the students who attend the lessons assiduously, will take place by surprise and will be aimed at verifying the level of learning regarding the topics already covered in class. They will have variable featurs (open-ended questions, multiple choice questions, cases to be solved). Students will be allowed to consult the notes taken in class. Each test will be given a mark. The average of the marks obtained in the various exercises will be considered for the purposes of the final mark, only if it is higher than the mark of the final exam, taking into account the number of exercises to which the student will have taken part. At the end of the course, there will be a common exercise with the students of the other channels.
Assessment Method
The exam consists of a written test and an oral interview.
In the written test the student will be required to answer questions drawn from a hypothetical case. The answers will be examined during the oral interview.
The grade will be decided at the end of the oral interview, taking into account the test results.
In the oral interview the student must show his knowledge and understanding of: the basic concepts and principles of the general part of administrative law, limited to the topics included in the program; the application of such concepts and principles to practical cases proposed by the teacher with concrete examples; the relationships between the aforementioned concepts and principles and the sectoral legislation; the relationships between the aforementioned institutes and principles and the corresponding private concepts and principles; the interaction between legal provisions, administrative practice and case law. The student must also correctly use the administrative law vocabulary, thus demonstrating that he has achieved the study method and learning ability required to continue the study of the matter autonomously.
In order to establish the grade (out of thirty), the following evaluation criteria will be taken into account: - knowledge and understanding of the basic concepts and principles of the subject, as well as the relationships between the various sources of administrative law, and the ability to apply them to concrete cases (65% ); ownership of the administrative law lexicon, ability to identify and evaluate relevant sources and acquisition of the study method (35%). The gaps on one or more basic concepts or principles of administrative law will lead to an insufficient grade even in the presence of a basic knowledge of the subject. Forms of monitoring and intermediate verification of the preparation of the course participants will be carried out, provided that the attribution of the grade will take place only at the outcome of the final exam, which will take place, at the end of the course, according to the methods and evaluation criteria specified above.
Thesis assignment criteria
Course attendance, interest shown in the subject, exam mark.
Week 1
Introduction to the course; Features of Administrative Law
Week 2
Administrative functions
Week 3
Administrative functions and administrative powers
Week 4
Administrative functions and public utilities
Week 5
Historical evolution of administrative law; administrative law rules
Week 6
Administrative organization
Week 7
Civil service, public finance and public goods
Week 8
Administrative procedure
Week 9
Administrative procedure
Week 10
Administrative act
Week 11
Public procurement
Week 12
Public procurement