ADMINISTRATIVE LAW 2

ADMINISTRATIVE LAW 2

Bernardo Giorgio Mattarella

Instructional goals

The course is aimed to the exam of cases of administrative law and to the study of the guarantees in relations between public administrations and private individuals and, in particular, of the protection ensured by the administrative courts. Through the study of administrative justice, some topics already dealt with in the administrative law 1 course (in particular the administrative act) will be resumed and some application problems will be studied. The aim of the course is to provide a complete basic knowledge of the various forms of protection from the point of view of the regulatory framework, the case law and the concrete functioning.

Intended learning outcomes

Knowledge and understanding: The student - through participation in the lectures and practical activities of the course - will have acquired complete knowledge of administrative law and the related guarantees, also in light of the supranational framework, and will have learned the essential elements of the administrative process. 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 an oral interview. Ability to apply knowledge and understanding: The student - on the basis of the method teachings provided - will know how to identify the legal principles and the rules of administrative law to be applied to the concrete case, solving the problems of substantive and procedural law. 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 an oral interview. Autonomy of judgment: The student, through the use of the methodologies acquired during the course, will be aware of the application of the principles of administrative law and the related procedural dynamics. He will then be able to identify the elements relevant to the case to be resolved and collect the relevant materials. He will therefore acquire the ability to evaluate independently. These skills will be verified not only through exams and exercises, but also through the simulation of concrete situations. Communication skills: At the end of the course the student will be able to master, with adequate terminological precision, the technical-legal lexicon of substantive and procedural administrative law. By participating in the course activities, he will learn to put these communication skills into practice in the practice of contracts and processes. These communication skills will be verified during the course's various activities and in the final exam, which will consist of an oral interview. Learning skills: The technical-juridical knowledge acquired during the course will allow the student to understand and interpret autonomously the normative, doctrinal and jurisprudential innovations, and to distinguish important developments from minor changes. Will be capable of self-employed and insights to appreciate the 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 an oral interview.

Course Contents

Cases of administrative law. Public administration contracts, guarantees towards the public administration, administrative controls, liability, administrative justice, monism and jurisdictional dualism, the division of jurisdiction, evolution of administrative justice in Italy, constitutional and European principles, ordinary jurisdiction and the public administration, the trial before the Court of accounts, the administrative appeals, the actions, the conduct of the process, the precautionary protection, the appeals, the special rites, the res judicata, the judgment of compliance

Reference Books

1) Marcello Clarich, Lezioni di diritto amministrativo, Il Mulino, last ed., chapters 6, 7 and 14, or other updated university handbooks for the corresponding parts; 2) Marcello Clarich, Manuale di giustizia amministrativa, ultima edizione (or, in place of the latter, Aldo Travi, Lezioni di giustizia amministrativa, Giappichelli, last ed., or other updated university handbooks for the corresponding parts); 3) Casi di diritto amministrativo, a cura di Bernardo Giorgio Mattarella, Giuffrè, 2023.

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 moot court 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; Administrative controls

Week 2

Responsibility in administrative law

Week 3

Responsibility in administrative law

Week 4

Administrative justice: features and reasons for the administrative justice; the building of the Italian system; the constitutional principles

Week 5

Administrative justice: ordinary courts and administrative courts; distribution of jurisdiction; kinds of administrative jurisdiction

Week 6

Administrative justice: actions in administrative trial

Week 7

Administrative justice: the court; preautionary measures

Week 8

Administrative justice: procedural acts; procedural steps

Week 9

Administrative justice: the annulment action

Week 10

Administrative justice: the other actions

Week 11

Administrative justice: the means of appeal; the execution and the judgment of compliance

Week 12

Administrative justice: administrative appeals; the trial before ordinary courts