ADMINISTRATIVE LAW
Instructional goals
The course is aimed at the study of the legal framework governing the organisation and activity of the public administration, in its fundamental components: from administrative functions to the ways in which they are actually carried out, from the tools with which they are implemented to the judicial remedies available in the legal system. The aim of the course is to provide a basic knowledge in the field of administrative law, jurisprudential orientations and lines of evolution, also from a comparative perspective.
Intended learning outcomes
Knowledge and understanding: The student will have acquired full knowledge of the principles and general disciplines typical of administrative law systems, also in the light of the supranational framework, and will have learnt the classification of administrative functions, which will enable him/her to orientate in the future in the special part of administrative law and in the in-depth study of the administrative systems of different countries. The acquisition of such knowledge will be ascertained through interaction with the lecturer in class, through exercises based on readings from home and through the final examination, which will consist of the production of a written product.
Applying knowledge and understanding: The student - on the basis of the methodological teachings provided - will be able to identify the legal principles and rules of administrative law to be applied to the concrete case, taking into account the different regulatory contexts, will be able to interpret and apply them, also in the light of supranational law, and solve legal problems. Interaction with the lecturer in class, exercises and the presence of online content will make it possible to verify the skills acquired. The acquisition of such knowledge will also be ascertained in the final examination.
Making judgements: The student will be aware of the complexity of administrative regulations and the need to orientate himself/herself on the basis of general institutes and principles. He/she will therefore be able to identify the relevant elements for the case to be resolved and collect the relevant materials.
Communication skills: At the end of the course, the student will be able to master the technical-legal vocabulary of administrative law. He/she will also be aware of the need to adapt the vocabulary to different administrative contexts.
Learning skills: The technical-legal knowledge acquired during the course will enable the student to understand and autonomously interpret regulatory, doctrinal and jurisprudential innovations, and to distinguish important developments from detailed amendments. He/she will develop a sound knowledge of the fundamental aspects of the subject matter, which will enable him/her to investigate it independently, also in other national contexts, and to identify possible job prospects.
Course Contents
The course will be divided into three main parts.
The first, aimed at answering some fundamental questions to frame the logic of administrative law (e.g. what is a public administration?).
The second, aimed at delving into some salient features of administrative procedure (e.g. the right to be heard, the duty to give reasons, transparency).
The third, on the other hand, is aimed at providing initial indications on administrative justice.
The course builds on the study of administrative systems from a comparative and global perspective. During each week of the course, a case-law will be analysed in dialogue with the students, with the aim of deepening the theoretical argument planned in the syllabus, object of a frontal class, then concluding, when possible, with a practical exercise and/or the analysis of the Italian case.
During the course, the lecturer may provide for the assignment of specific activities to the students (e.g. an in-depth study of a specific national legal system, also according to their previous study background), in order to stimulate their autonomy of study and research, evaluating in itinere the student and steering the final paper.
Reference Books
Case-studies and slides provided by the teacher week by week on LUISS-learn
Guidance books for self-directed study:
Barbara Marchetti, Searching for the fundamentals of administrative law, Giappichelli, 2019
Susan Rose-Ackerman, Peter L. Lindseth, Blake Emerson (eds), Comparative Administrative Law, Edward Elgar, 2017
The Oxford Handbook of Comparative Administrative Law, Peter Cane (ed.) et al., OUP, 2020
Teaching Methods
The methodology of the course will be mixed and oriented towards the fully enquired-based model: lectures, in-class analysis of case law materials, in-depth thematically focused studies.
Assessment Method
Mixed (10 % constant attendance, 25 % participation and preparation in class, 15% applying theoretical aspects to concrete cases, 40 % final paper, 10% oral discussion regarding the final paper)
Thesis assignment criteria
Exam passed.
Week 1
The birth and history of Administrative Law: is everywhere in the world the same?
Week 2
Public functions and powers versus citizens’ rights: is a matter of principles?
Week 3
Politics and models of administration in the National State: what a public administration is?
Week 4
Global administrative law: basic features
Week 5
The administrative procedure: are there common trends in the world scenario?
Week 6
The administrative procedure through national experiences
Week 7
Key moments in the administrative procedure (e.g. the right to be heard, openess and transparency, etc.)
Week 8
Key moments in the administrative procedure (e.g. the right to be heard, openess and transparency, etc.)
Week 9
Misunderstanding during the administrative procedure and elements of illegitimacy (e.g. procedural errors and their consequences, the duty to give reasons, etc.)
Week 10
Misunderstanding during the administrative procedure and elements of illegitimacy (e.g. procedural errors and their consequences, the duty to give reasons, etc.)
Week 11
Remedies against the public administration: systems of alternative dispute resolutions
Week 12
Remedies against the public administration: judicial review of administrative acts and action