ITALIAN ADMINISTRATIVE LAW

ITALIAN ADMINISTRATIVE LAW

Aristide Police

Instructional goals

The course is aimed at the study of the law governing the organization and activity of public administration, in its components given by administrative functions, their modes of performance and the means by which 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.

Intended learning outcomes

Knowledge and understanding: The student - by participating in the lectures and practical activities of the course - will have acquired a full knowledge of the general principles and rules of administrative law, also in view of the sovranational framework, and will have learnt the classification of administrative functions, which will enable him/her to find his/her way in the special part of administrative law. The acquisition of this knowledge will be ascertained through interaction with the lecturer in class, through exercises and through the final examination, which will consist of a written test and an oral interview. Ability to apply knowledge and understanding: The student - on the basis of the methodological teachings 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, will be able to interpret and apply them, also in the light of supranational law, and solve legal problems. Interaction with the lecturer in class, exercises and the presence of online content will make it possible to verify the skills acquired. The acquisition of such knowledge will also be ascertained in the final examination, which will consist of a written test and an oral interview. Autonomy of judgement: 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 general institutes and principles. He/she will then be able to identify the elements relevant to the case to be resolved and gather the relevant materials. He/she will then acquire the ability to independently assess and identify solutions to practical cases, both in administrative and jurisdictional proceedings. These skills will be tested not only through examinations and exercises, but also by simulating concrete situations. Communication skills: the student will acquire terminological precision and appropriate language skills, which are essential for understanding and solving practical cases. Learning ability: the student will have a comprehensive basic knowledge of the relevant discipline, case law and lines of evolution, such that he/she will be able to continuously and profitably update his/her knowledge, also independently. The acquisition of such knowledge and skills will be ascertained in the examination, as well as during the course, by means of case simulations and participation in teaching workshops.

Course Contents

Administrative law; administrative organization; administrative functions; Administrative power and legal positions of private parties; administrative procedure; administrative act; public staff; public finance; public goods; public contracts; public services; responsibility.

Reference Books

Manuale di diritto amministrativo, by G. Della Cananea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli, Giappichelli, Last Ed. Alternatively, Administrative law, (ed.) F.G. Scoca, Giappichelli, Last Ed. Parts for which reading only is sufficient for attending students will be indicated in class.

Teaching Methods

Frontal teaching; Workshops; individual exercises; case analyses.

Assessment Method

The examination consists of a mandatory written test, workshops to be held in the last weeks of classes, and an oral test. Attendance at the lectures with active participation is mandatory and is considered in the final evaluation. The written test will be on the performance of an outline of your choice. The evaluation criteria for the tests (written, workshop, and oral) are based on knowledge of the subject matter, norms, and relevant case law. In addition, ownership of language and critical ability to read the system as a whole will be tested. The grade will be awarded only at the outcome of the final oral examination, which will be held, at the end of the course, according to the following methods and evaluation criteria: written test 20%, workshop 20%, oral test 60%.

Thesis assignment criteria

Course attendance; interest shown in the subject; grade on exam.

Week 1

Genesis and development of administrative law Administrative law and the Constitution Administrative law and rules beyond the state

Week 2

The sources of administrative law and the administrative regulatory function The administrative organization The administrations of the state

Week 3

Public bodies and corporations with public participation Administrations as legal operators: offices, organs and organizational relations The civil service

Week 4

Financial resources and public goods The administrative reserve and administrative power Discretionary power

Week 5

The legal situations of private individuals in relations with public administrations The legitimate interest - Diffuse and collective interests The principles of administrative action

Week 6

The Prociding Procedural participation The conclusion of proceedings

Week 7

Administrative simplification The SCIA and silences Access to administrative documents and civic access

Week 8

The administrative act Types of act The pathology of act

Week 9

The self-defence of the public administration The contractual activity of public administrations I The contractual activity of public administrations II

Week 10

Public services Summary of topics covered WRITTEN TEST

Week 11

The responsibility of the PA The responsibility of the civil servant workshop - Digital administration

Week 12

workshop - Principle of proportionality workshop - Contingent and urgent ordinances workshop - State concessions