ADMINISTRATIVE LAW 2
Instructional goals
The aim of the course is to outline the essential features of the administrative justice system and to supplement knowledge of administrative law with regard to certain specific topics. The course is divided into two parts. The first is devoted to the administrative process, the second to the administrative remedies, responsibility of the public administration, controls on acts and activities and public contracts.
The student will acquire a thorough knowledge of special administrative law through participation in the lectures, the practical activities of the course and the study of the material provided.
The aim is to provide a comprehensive basic knowledge of the described topics, case-law orientations and lines of evolution
Intended learning outcomes
The student will acquire a thorough knowledge of special administrative law through participation in the lectures, the practical activities of the course and the study of the material provided.
The objective is to provide a comprehensive basic knowledge of the described topics, case law orientations and lines of evolution.
Knowledge and understanding - Knowledge is acquired through lectures, group and individual exercises on practical cases, analysis of materials such as legal regulations, administrative acts and judgments, drafting of acts, trial simulation with groups of students belonging to the other three channels.
Ability to apply knowledge and understanding - The student - on the basis of the teaching methods 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 lectures, exercises, analysis of concrete cases and group work, and the presence of online content will allow the acquired skills to be verified. The acquisition of knowledge will also be ascertained in the final examination, which will consist of a written test - which will not receive an independent mark - and an oral interview.
Autonomy of judgement - The student will acquire the ability to analyse the institutions of administrative law, the ability to identify the reference regulations and procedures, also for the purpose of solving practical cases. Specifically, critical thinking, interpersonal and communication skills will be adequately developed.
Communication skills - At the end of the Course the student will be able to acquire the technical-legal vocabulary proper to administrative law and a suitable argumentative ability, adapting it also to different contexts and interlocutors.
Learning ability - The student will acquire the ability to identify and interpret the normative variations and the different doctrinal and jurisprudential orientations in the field of administrative law, with particular reference to administrative justice and to the areas of substantive law examined. He/she will possess a degree of knowledge that will enable him/her to keep up to date, also independently, in the subject.
Course Contents
Administrative justice; Accountability; Controls; Public Contracts
Reference Books
M. Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, ultima edizione, capp. VI, VII, XII.
M. Clarich, Manuale di giustizia amministrativa, il Mulino, Bologna, ultima edizione, a eccezione del cap. XII.
Students should read and study the following rulings:
Constitutional Court No. 204/2004 and No. 6/2018
CJEU April 5, 2016 Cleanliness
Cass. no. 500/1999
Council of State nos. 3/2011, 7/2021, 22/2021
Teaching Methods
Lectures, exercises with group work, discussion of administrative cases, drafting of procedural documents, trial simulations, written tests, visit to the State Council to attend a hearing.
Written tests will be given to students who attend class assiduously to check the level of learning regarding the topics already covered in class. 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 also into account the number of tests the student will have taken
Assessment Method
The examination is conducted by means of a written test - 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, taking tests and active participation in 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
- The historical evolution of administrative justice and its different underlying concepts.
Chapter I (Handbook of Administrative Justice)
- From the abolition of administrative litigation to the establishment of the IV section of the Council of State
- Administrative Justice in the Constitution Chapter 2 (Handbook of Administrative Justice)
Week 2
- Subsequent developments up to the adoption of the Administrative Process Code.
Chapter I (Administrative Justice Manual)
- Subjective legal situations and their protection. The division of jurisdiction between ordinary judge and administrative judge.
Chapters II-III (Handbook of Administrative Justice)
- The jurisdiction of legitimacy, exclusive jurisdiction and the jurisdiction of merit.
Chapter IV (Handbook of Administrative Justice)
Week 3
- The Organisation of Administrative Justice: TTAARR and Council of State.
Chapter V, para. 4 (Handbook of Administrative Justice)
- The structure of the Code of Administrative Procedure and the reference to the Code of Civil Procedure.
Chapter V (Handbook of Administrative Justice)
Week 4
- Legal standing and interest in the appeal.
- Actions in administrative proceedings. The action of annulment.
Chapters VI-VII (Administrative Justice Manual)
- Actions for condemnation and performance. The action of nullity and the action against silence.
Chapter VII (Administrative Justice Handbook)
Week 5
- The compensatory judgement.
Chapter VII (Handbook of Administrative Justice)
- The conduct of the trial: the appeal, the additional grounds, the cross-appeal. Drafting of procedural documents.
Chapter VIII (Administrative Justice Handbook)
Week 6
- Appeals: the remedies in general, the appeal, and the Supreme Court appeal.
Chapter IX (Administrative Justice Manual)
- The judgment, its effects. Simulation of an administrative hearing.
Chapter X (Handbook of Administrative Justice)
Week 7
- The execution of the judgment and the judgment of compliance.
Chapter X (Handbook of Administrative Justice)
- The powers of the judge and the commissioner ad acta
Week 8
- The proceedings before the ordinary courts.
Chapter XI (Administrative Justice Manual)
- Responsibility
Chapter VII (Administrative Law Handbook)
Week 9
- Liability in European Law
Chapter VII, para. 5 (Administrative Law Handbook)
- The adjudication of administrative-accountability
Chapter VII, para. 6 (Administrative Law Handbook)
Week 10
- Administrative remedies
- The hierarchical appeal and the extraordinary appeal
Week 11
- Controls on acts and activities
Chapter VI, para. 2 (Administrative Law Handbook)
- Management controls
Week 12
- Public contracts: general principles and the Public Contracts Code
- Procedures for awarding and executing contracts
Chapter XII (handbook of administrative law)