LEGAL TRAINING (ADMINISTRATIVE)

Silvia De Nitto, Luca Golisano

Instructional goals

The aim of the course is to deepen the understanding of substantive and procedural administrative law topics through the performance of practical exercises relating to administrative procedures, or segments thereof, and simulated processes (e.g. service conferences, tender procedures, disciplinary proceedings, contract disputes)

Prerequisites

eneral knowledge of administrative law acquired by having attended and/or passed the Administrative Law 1 and 2 examinations.

Intended learning outcomes

The student will acquire an in-depth knowledge of general and special administrative law through participation in the lectures, the practical activities of the Course and the study of the material provided to support the practical exercises. The objective is to provide a concrete and in-depth knowledge of administrative law institutes, jurisprudential orientations and their lines of evolution. Knowledge and understanding - Knowledge is acquired through an initial frontal lecture presenting the tracks and explaining the institutes underlying them; through group exercises on practical cases; through the analysis of materials such as laws, administrative acts and judgments; through the drafting of acts; and finally through simulations of administrative proceedings or its segments and trial simulations. 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 make it possible to verify the skills acquired. The acquisition of knowledge will also be ascertained in the final examination, which will consist of 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 the sectors of substantive law examined and to administrative justice. 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

Substantive Administrative Law and Administrative Justice.

Reference Books

M. Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, ultima edizione. M. Clarich, Manuale di giustizia amministrativa, il Mulino, Bologna, ultima edizione. Materiali provided on e-learning.

Teaching Methods

Weekly face-to-face lectures: series of group exercises (max 5 students per group) with analysis of cases and materials, concrete problem solving and simulations, drafting of administrative and procedural documents.

Assessment Method

The final examination for the awarding of the qualification is conducted through an oral interview. The student must prove that he/she has carried out the exercises proposed in the course of the lectures through the drafting of administrative and procedural acts; that he/she has actively participated in the classroom discussions; that he/she has researched the material useful for resolving the cases submitted. 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. The following assessment criteria will be taken into account for the awarding of the qualification: active participation in class and quality of classroom discussion (including peer-to-peer), ownership of technical-legal vocabulary, ability to identify and evaluate relevant sources and acquisition of the study method (35 %); drafting of the proceedings (35 %); oral interview (30 %). It should be noted that attendance is compulsory. Attendance of 80 % of the lectures is required in order to fulfil the status of attending student. Those who, authorised by the School, wiil be no-attending students, will take the oral examination, in presence. The interview will focus on all the materials uploaded during the course in myLuiss, divided mainly into the following categories: - Tracks related to the practical exercises - Materials explaining and accompanying the exercises (slides, sentences, etc.) - Theoretical readings in the context of the topics covered by the exercises.

Thesis assignment criteria

Course attendance and performance of exercises, interest shown in the subject, oral interview.

Week 1

Presentation of the first exercise on substantive administrative law, relating to a specific administrative tool, and explanation of the notions underlying it.

Week 2

Division into working groups; study and research of the supporting material; discussion of the outline and the underlying institutes; first drafting of the requested documents.

Week 3

Finalization of the administrative acts requested.

Week 4

Presentation of the final work in class and plenary session for the discussion.

Week 5

Presentation of the second exercise on substantive administrative law, relating to another specific administrative tool, and explanation of the notions underlying it.

Week 6

Division into working groups; study and research of the supporting material; discussion of the outline and the underlying institutes; first drafting of the requested documents.

Week 7

Finalization of the administrative acts requested.

Week 8

Presentation of the final work in class and plenary session for the discussion.

Week 9

Presentation of the third exercise, this time on procedural administrative law, aimed at simulating a trial before the administrative court and explanation of the concepts underlying it.

Week 10

Division into working groups; study and research of the supporting material; discussion of the outline and the underlying institutes; first drafting of the requested documents.

Week 11

Finalization of the administrative acts requested.

Week 12

Presentation of the final work in class and plenary session for the discussion.