ADMINISTRATIVE LAW
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, Giappichelli, Torino, 2022
Additional textbooks for reference are the following:
- M. D'Alberti, Lezioni di diritto amministrativo, Ed. VI, Giappichelli, Torino, 2021
-Marcello Clarich, Manuale di diritto amministrativo, Il Mulino, Bologna, 2021
Teaching Methods
The module offers lectures and seminars.
Seminars 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.
In class participation will be assessed through individual works, working groups and discussion of cases and it will count for the 20% of the final mark.
The mid-term written exam consists in 30 multiple choice questions and 2 open questions. It covers the topics of the module. Each open question is marked in a scale from 0 to 10 points. Every correct multiple choice answer will count 0.6 points. The mid-term exam counts for the 50% of the final grade.
Mid-term exam will be held on 5 April (week 9).
The final exam consists in an oral discussion of the topics of the module and will count for the 30% of the final grade.
Non-attending students will be assessed through both a written exam including 32 multiple choice questions and an oral exam just after the written exam. In the written exam every correct multiple choice answer will count 0.5 points.
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.
Does the syllabus cover sustainability topics?
The course deals with sustainability issues in relation to the discipline of the administrative procedure in environmental matters. Specific attention is also devoted to the discipline of administrative digitalization through the illustration of the IT tools that allow a significant reduction in the environmental impact of administrative activities
Week 1 Contenuto sessioni on line e on campus
An introduction to the study Administrative Law
Source of administrative law
Week 2 Contenuto sessioni on line e on campus
General principles and constitutional norms on public administration
Week 3 Contenuto sessioni on line e on campus
Introduction to administrative action:
functions, power and the administrative relationship
Week 4 Contenuto sessioni on line e on campus
The administrative organization and the notion of PA
Administrative organization and offices
Control activities
Week 5 Contenuto sessioni on line e on campus
The main organizational models
Ministries
Administration through Public entities
Independent administrative authorities
The private assets of Public Administration
Public companies
Public services
Week 6 Contenuto sessioni on line e on campus
Public employment
Civil liability of the public administration
Week 7 Contenuto sessioni on line e on campus
Participation in the administrative proceedings
Week 8 Contenuto sessioni on line e on campus
Simplification of administrative action
Administration and technological innovation
Week 9 Contenuto sessioni on line e on campus
The conclusion of administrative proceedings and administrative measures
Week 10 Contenuto sessioni on line e on campus
Issues in administrative action (i.e., effectiveness, invalidity of administrative measures)
Week 11 Contenuto sessioni on line e on campus
Introduction to the contractual action of public administrations
Week 12 Contenuto sessioni on line e on campus
Individual rights and legal remedies