ADMINISTRATIVE LAW

We are connected to government from our first to our last breath. The field of law that regulates citizen-government interactions is called Administrative Law. Did you have to apply for a residence permit to study at this university? Or have to register your address when you moved to Rome? If so, congratulations, you already had your first contact with Administrative law and are well on your way to understand what government interactions are about. In this course, we will talk about the law that governs the relationship between state and individuals (typically, citizens) Administrative law may sound ‘stuffy’ but it’s not. It’s part of your everyday life and it is becoming increasingly automated, global, and privatized. Administrative law is increasingly less about human-human transactions, paper forms, and visits to government counters. Instead, Administrative law is changing at many levels. We will place the course of Administrative into these changing perspectives, dissecting the overarching legal concepts and principles you need in order to know to understand what this field of law is truly about.

No

At the end of this course, students should be able to: - Explain the key goals of the field of ‘administrative law’ and its relationship with other fields of law, particularly constitutional law, human rights law, and private law - Identify the most important elements that define ‘public authorities’ in the most influential administrative law systems; - Distinguish between comparative administrative law and global administrative law and provide examples of global administrative law regulators; - Explain the key features of administrative action; - Understand why the concept of ‘administrative act’ is important to have access to administrative courts; - Define standing, explain its importance, and provide a clear explanation of the essence of the rules on standing in the countries at issue; - List the most common principles of good administration and explain the role of the national Ombudsman (or similar institutions) in the advancement of these principles; - Provide arguments for and against the privatization of public services and the outsourcing of public tasks; - Identify the challenges of administrative law enforcement and distinguish between different sanctions and enforcement mechanisms; - Explain how judicial review of administrative action takes place and its limits; - Distinguish between the different types of judicial review; - Elaborate on the difference between different types of judgements and types of administrative litigation.

In this course, we will teach administrative law from a comparative law perspective. As such, you will learn more about key Administrative law families (French, German, Italian, Scandinavian, Italian) which will be completed by examples and cases from non-Western Administrative law systems (e.g., China, India, South Africa, Brazil). In addition, we will also provide you with an introduction to Global Administrative law, a field of law which considers the interaction between local, national, and international authorities. To illustrate, during the COVID-19 pandemic, the World Health Organization (WHO) advised national governments on what measures to adopt. Many other fields you know—or may be interested in—pertain to global administrative law. Examples are the regulation of sports (e.g., doping regulations), sweatshops and fashion regulation, and the regulation of trade. This course includes thus not only traditional law but also regulation, that is, public and private rules and practices that shape our behavior in different ways in sectors ranging from food regulation (e.g., rules on labels with nutritional content) to social media regulation. This course starts with a reflection on the historical background of administrative law and how different families of administrative law evolved. Then, we will provide an overview of the evolution of administrative law in a number of countries and explains key concepts of administrative law (public body, administrative act/action, standing, judicial review of administrative decisions, deference, public contract). In addition, this course reflects upon the shift from a traditional national model of public powers to a European or global model of intertwined public-private regulatory forces. Being essentially comparative, the course discusses the developments within the European Union and beyond. It also pays attention to novel and more global phenomena, such as the emergence of global administrative law and global private powers that exist parallel to traditional regulatory actors. The last part of the course will be focused on regulation.

This course introduces our students to the world of administrative law. As many non-Western countries have been shaped by a few influential administrative law systems (French, German, common law), this course will discuss cases from different countries. At the moment, there is no single textbook that covers everything we are discussing in this course. Therefore, for each week, we will upload documents on Luiss Learn to support your learning process. The main books used and recommended for the course are: Barbara Marchetti, Searching for the Fundamentals of Administrative Law, Giappiccheli, 2019. K. Yeung & S. Ranchordas (2024), Introduction to Law and Regulation (2nd edition), Cambridge University Press.

Interactive teaching composed by 2 theoretical lectures and 1 tutorial for which students are required to prepare case study discussions and practical assignments.

Midterm exam Written exam Oral exam

N/A