EUROPEAN ADMINISTRATIVE LAW
Obiettivi formativi
The course aims at providing a deep knowledge of the European administrative law. Special attention will be drawn on the administrative functions, administrative organization, procedures and acts and judicial review.
Risultati di apprendimento attesi
Knowledge and understanding:
The course will offer key theoretical tools to know European administration. This course provides advanced knowledge and analytical resources that will enable students to understand the composite procedure and safeguards in the context of European developments.
Applying knowledge and understanding:
The students will be able to apply legal instruments; examine major administrative models; understand how administrative models affect the structure of the legal order.
Making judgements:
Students will be able to understand and analyze in a critical way the functioning of European governance across sectors specificities and identify autonomously the key challenges of administrative law.
Communications Skills:
This course will give the students the possibility to acquire and understand major terms and concepts in order to communicate their ideas, proposals, analysis and critical reasoning in the field of European administrative law in the most effective and appropriate way.
Learning skills:
Skills acquired during the course will allow students to understand and interpret autonomously the further developments of EU legislation and case law as well as to approach real cases and disputes through the instruments of EU administrative law.
Contenuti Del Corso
The course focuses on the foundations of the EU administrative law; the EU administrative competences and tasks. It looks at the EU administrative organization; the EU administrative procedure law; the influence of EU administrative law on the national administrative law in Italy and in other Member States.
To understand these topics, the course will be specifically based on the analysis of the relevant case law of the Court of justice.
Testi Di Riferimento
Relevant reading materials will be uploaded on the Luiss learn platform.
The following textbook is the reference for the course:
P. Craig, EU Administrative Law, Oxford University Press, 4 ed., 2026
Metodologie Didattiche
The course is articulated in lectures and seminars.
Classes will be devoted to the discussion of case law, and students are expected to give presentations on selected cases.
Classes will be interactive and will be based on the discussion of case law and reading materials.
Students will receive in advance the relevant reading materials to prepare for classes.
Introductory lectures will provide the general framework for understanding topics and cases in context.
In class, group presentations and discussion of case law will help the development of legal and analytical skills.
Modalità di verifica dell'apprendimento
Students will be assessed on the basis of their participation in the module's activities and the final exam.
More specifically, attending students will be assessed on the basis of the following activities:
1) Presentation of a selected case in class (50%). Presentations will be made in groups, but assessment will be individual. Each student shall present a relevant theoretical part of the case.
Slides shall be provided in advance to the teachers and the other students, and will be the base for the discussion in class.
2) Final test (50%). Test in class on the cases and the theory of EU administrative law.
Regular and active participation in class (i.e., peer discussion about cases) will also be taken into account when determining the final mark.
Non-attending students will be assessed in an oral exam. Non-attending students can either study:
- P. Craig, EU administrative law, 4th edition (Oxford University Press, 2026)
- The list of selected reading materials and cases available in the MyLuiss page.
Criteri per l’assegnazione dell’elaborato finale
Course attendance; interest in a critical understanding of the subject; participation in class; successful completion of the final exam.
Settimana 1
1) Introduction
2) Models of administration
Settimana 2
1) General principles of European administrative law
Case presentation
2) Direct and indirect effect
Case presentation
Settimana 3
1) European administrative law and the Administrative Law of the Member States
Case presentation
2) Commission rulemaking powers
Case presentation
Settimana 4
1) The principle of impartiality
Case presentation
2) EU agencies
Case presentation
Settimana 5
1) The right to the defense
Case presentation
2) Discretion and delegation powers to EU agencies (I): the Meroni doctrine.
Case presentation
Settimana 6
1) The right to be heard
Case presentation
2) Discretion and delegation of powers to EU agencies (II): ESMA short selling case (II)
Case presentation
Settimana 7
1) The principle of proportionality
Case presentation
2) Discretion and delegation of powers to EU agencies (III): Banco Popular case
Case presentation
Settimana 8
1) Reasonable time of administrartive action
Case presentation
2) Discretion and delegation of powers to EU agencies (IV): ABLV Bank case
Case presentation
Settimana 9
1) The right to remain silent
Case presentation
2) Judicial review of EU agencies acts
Case presentation
Settimana 10
1) The right to good administration and the right to access to file
Case presentation
2) The right to access to documents
Case presentation
Settimana 11
1) The right to clear and unequivocal reasoning of administrative acts
Case presentation
2) Final test
Settimana 12
1) Judicial review of administrative law
Case presentation
2) Composite administrative procedures
Case presentation