ADMINISTRATIVE LAW

ADMINISTRATIVE LAW

Marta Simoncini

Instructional goals

To develop fundamental knowledge in the law applicable to public administrations and the main reforms of the administrative system, with a specific focus on the National Recovery and Resilience Plan under the Next Generation EU programme. To understand the relationships and changes among institutions, the political system and economics

Intended learning outcomes

Knowledge and understanding: students will acquire full knowledge of the administrative system, its law and reforms. Ability to apply knowledge and understanding: students will be able to understand the rationale of the administrative system, effectively applied when working within and with public administrations. Making judgements: students will be able to autonomously integrate legal knowledge along with other disciplinary sectors and to analyse the complexity of institutions and public administrations. Students will develop critical thinking and skills of problem solving, self-management, teamwork, initiative, relationship and communication. Students will also acquire the ability to evaluate social and political changes independently and to develop policy responses or strategies. Communication skills: students will be able to effectively communicate the results of legal analysis and their consequences in a clear and persuasive way, including to non-specialist audience. Learning skills: students will be able to identify paths to deepen their knowledge independently, including by developing in-depth study on the controversial issues, by writing reports and articles, by carrying out some research on texts, journals and databases, and by discussing and managing aggregated data.

Course Contents

The module makes students able to understand the functioning of public administrations and the general principles of administrative action, including through case studies and administrative case law. More specifically, the module covers the following topics: Source of administrative law Constitutional principles and rules on public administrations Administrative relations. Power, functions and responibilities Administrative proceedings Participation in the administrative proceedings Simplification of administrative action Administrative action and technological innovation The conclusion of administrative proceedings and administrative measures Issues in administrative action (e.g., effectiveness, invalidity) Introduction to contractual action of public administrations Administrative organisation and the notion of public administration Administrative organisation and offices Control activities The main organisational modeds The private assets of Public Administration Public companies Public services Public employment Civil liability of the public administration Individual rights and judicial protection

Reference Books

Alongside the further readings on specific topics that will be indicated during the course, reference can be made to the following textbook: G. Della Cananea - M. Dugato - B. Marchetti - A. Police - M. Ramajoli, Manuale di diritto amministrativo, III ed., Giappichelli, Torino, 2025 oppure - Marcello Clarich, Manuale di diritto amministrativo, VI ed., Il Mulino, Bologna, 2024

Teaching Methods

The module offers lectures and tutorials. Tutorials will consist in exercises, peer-to-peer discussion and working groups on the topics of module. More specifically, scholarship, administrative acts and case law will be analysed and discussed.

Assessment Method

Attending students will be assessed during the module, through formative works, a mid-term (summative) written exam and at the end of the module, through a summative, oral exam. Performance will be continuously assessed through three tests, each counting for the 10% of the final mark. The first assessment consists of answering an open-ended question and is intended to verify the basic skills acquired during the course. The second assessment consists of a role play and aims to simulate the performance of administrative activities, encouraging teamwork among students. The third assessment consists of solving a problem related to administrative activities and aims to evaluate students’ ability to apply the fundamental concepts of administrative law to practical cases. The final exam consists in an oral discussion of the topics of the module and will count for the 70% of the final mark. Non-attending students will be assessed through both a written exam and an oral exam just after the written exam. The written test includes 50 multiple-choice questions and lasts 45 minutes. Each correct answer is worth 0.6 points. The oral exam covers the entire course syllabus. All the summative exams aim to ascertain that students know and understand the notions and principles of the administrative law and to apply them in practical cases. For students of the previous years, the exam will be held according to the procedures already provided for in their regulations.

Thesis assignment criteria

After motivational interview and consideration of the participation in class

Week 1

Introduction to the module. Introduction to administrative action: functions, power and the administrative relationship

Week 2

The sources of administrative law. General principles and constitutional provisions on public administration

Week 3

The structure of public administration. Administrative organisation and offices Tutorial 1: Principles, functions and administrative power

Week 4

Organisational models Tutorial 2: the functional notion of public administration.

Week 5

Public utilities European administration

Week 6

TEST (10%): OPEN ENDED QUESTION Public employment and civil liability of the public administration

Week 7

Introduction to the administrative proceedings. The start Participation in the administrative proceedings

Week 8

Semplification of the administrative action Tutorial 3: right to know, the start of the administrative action and the public employment

Week 9

The end of the administrative proceedings. Administrative measures Tutorial 4: administrative action and algorithms

Week 10

Pathologies of administrative action TEST (10%): PROBLEM SOLVING

Week 11

Introduction to contractual action

Week 12

Contractual action Tutorial 5: flows in the administrative activity and contracts