ADMINISTRATIVE LAW 2

ADMINISTRATIVE LAW 2

Aldo Sandulli

Instructional goals

The purpose of the Course is to enable the student to attain full scientific maturity on the subject. The Course will be divided into two parts. In the first part, of a substantive nature, it will deal with liability, controls, public services and public contracts, In the second part of the Course, focused on the profiles of protection, administrative justice will instead be explored in depth, with the modes of protection alternative to jurisdiction and those of jurisdictional order. This is in order to complete the basic preparation acquired by students with the Administrative Law Course 1. Knowledge and Understanding: The student - through participation in the lectures and practical activities of the Course - will have acquired complete knowledge of the principles of public contract law, administrative controls, public services, and the responsibility of public administrations, and will have learned the essentials of the administrative process and other forms of protection in relation to public administrations. The acquisition of such knowledge will be ascertained through interaction with the lecturer in class, through the exercises, the analysis of concrete cases and group work, and through the final examination, which will consist of an oral interview.

Intended learning outcomes

Ability to apply knowledge and understanding: The student - based on the teachings of method provided - will be able to identify the legal principles and rules of administrative law to be applied to the concrete case, solving problems of substantive and procedural law. 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 be ascertained, also, in the final exam, which will consist in an oral interview. Autonomy of judgment: The student, through the use of the methodologies acquired during the course, will have an awareness of how the principles of administrative law are applied and the related procedural dynamics. He/she will then know how to identify the elements relevant to the case to be solved and gather relevant materials. He/she will then acquire the ability to evaluate autonomously. 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 substantive and procedural administrative law. Through participation in course activities, he/she will learn to apply these communication skills in contract and trial practice. These communication skills will be tested during the various course activities and in the final examination, which will consist in an oral interview. Learning skills: The technical and legal knowledge acquired during the course will enable the student to independently understand and interpret normative, doctrinal and jurisprudential changes, and to distinguish major developments from minor changes. He/she will be capable of autonomous and in-depth appreciation of job prospects. This ability will be stimulated through updates in legislation and jurisprudence 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

Administrative responsibility, Administrative controls, Awarding and execution of public contracts, Public services, Administrative justice.

Reference Books

For lectures on administrative justice, one of the following two textbooks may be chosen: M. Clarich, Manuale di giustizia amministrativa, il Mulino, last ed.; A. Travi, Lezioni di Giustizia amministrativa, Giappichelli, last ed. For lectures on accountability, controls, services and contracts, M. Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, last edition (2022), chapters VI, VII, IX, XII. Teaching materials: slides and other materials on the Course e-learning platform.

Teaching Methods

Lectures; Classroom discussions; Analysis of cases and materials; Verifications with multiple-choice questions; Group works; Simulations of concrete situations. Joint activities between different teaching channels will also be tested.

Assessment Method

The exam consists in an oral interview in which the student must demonstrate knowledge and understanding of: the institutes and principles relating to the discipline of procurement, administrative controls, the responsibility of administrations, public services, and the administrative process, including through the discussion of practical cases addressed in class; the relationship between the aforementioned institutes and principles and sector legislation; the relationship between the aforementioned institutes and principles and the corresponding institutes and principles of private law and civil process; and the interaction between regulatory disciplines, administrative practice and case law. The student must also use correctly the technical-legal vocabulary of the subject, thus demonstrating that he or she has achieved the method of study and the ability to learn required to pursue also independently the in-depth study of the subject. For the purpose of assigning the grade in thirtieths, the following factors 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 Introduction to the Course. Session 2 Administrative responsibility Session 3 Accounting responsibility

Week 2

Session 1 Administrative controls. Session 2 Internal controls Session 3 Administrative accountability: analysis of concrete cases.

Week 3

Session 1 The evolution of public services Session 2 General economic interest public services. Session 3 Administrative controls: analysis of concrete cases.

Week 4

Session 1 Local public services Session 2 Intermediate written test on the topics of the first two weeks of the Course. Session 3 Public services: case analysis.

Week 5

Session 1 The new public contracts code Session 2 The general rules on public contracts. Session 3 Public services: analysis of concrete cases

Week 6

Session 1 Ways of awarding public contracts. Session 2 The execution of public contracts. Session 3 Public contracts: analysis of concrete cases

Week 7

Session 1 The special procedure in public contracts. Session 2 The evaluation of bids in public procedures. Session 3 Public contracts: analysis of concrete cases

Week 8

Session 1 Origin and evolution of the administrative justice system and the constitutional basis of the administrative justice system. Session 2 Non-judicial remedies to protect citizens against public administrations and the extraordinary appeal to the President of the Republic.

Week 9

Session 1 The division of jurisdiction and types of administrative jurisdiction. Session 2 Actions in the administrative process. Session 3 Administrative remedies: analysis of concrete cases

Week 10

Session 1 The administrative process of first instance and procedural inquiry. Session 2 Interlocutory protection and the judgment of compliance. Session 3 The procedural inquiry: analysis of concrete cases.

Week 11

Session 1 The types of administrative law judge rulings and special rites in the administrative process. Session 2 Pleadings and the appeal in the administrative process. Session 3 Interlocutory protection: analysis of concrete cases

Week 12

Session 1 The judgment of compliance: analysis of concrete cases Session 2 End-of-course written assignment (optional). Session 3 End of year summary