ADMINISTRATIVE LAW
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- Versione italiana
- Academic year
- 2015/2016
- Teacher
- MARCO MAGRI
- Credits
- 18
- Didactic period
- Annualità Singola
- SSD
- IUS/10
Training objectives
- According with the S.U.A. targets (A4.b.2), the course aims to the following targets. A) Theoretical knowledge of the organization and activities of the public administration according to law. B) Ability in solving properly paractical cases and connecting substantial and procedural administrative rules (in public law terms) on the matter of judicial review of administrative decisions.
Prerequisites
- The preparatory exams are private law and constitutional law. From these latter, students must demonstrate to have acquired sufficient knowledge of general logical-legal arguments, knowledge and understanding of the main institutes of private law (with special reference to the general theory of the contract), knowledge and understanding of constitutional law (sources of law, foundamental rights, main constitutional rules about jurisdiction). Those prerequisites are not subject to specific exam questions, but evaluated by the teacher whithin the general verification.
Course programme
- The course (120 hours) relates to the study of the organization and decision-making of public authorities as well as the Italian system of judicial review.
The program is structured as follows:
PART I (60 hours)- Administrative organization.
1) administrative law and administrative State: the rule of law;
2) sources of law and the method of study of administrative law;
3) the administrative organization of the Italian Republic: constitutional principles, subjectivity of administrative bodies, separation of powers, legislative framework of the distribution of powers.
Fundamental laws of which it is suggested to consult:
- Constitution of the Italian Republic;
- D.L.vo n. 300/1999 (State organisation);
- D.L.vo n. 165/2001 (public service)
- D.L.vo n. 267/2000 (local governement)
PART II (20 hours) - Decision making and public authorities liability.
1) The public law administrative rules:
the administrative procedure;
the conclusion of the proceedings;
The decision and its elements;
illegality and "self-annullment";
2) liability of public administration (outline).
Fundamental laws of which it is suggested to consult:
- Constitution of the Italian Republic;
- Law no. 241/1990 (administrative procedure).
PART III (40 hours) - Judicial review
1) The number of administrative justice systems. The Italian system: historical, constitutional principles, under the administrative jurisdiction and its types (of legitimacy, merit, exclusive), content and limits of the ordinary courts against the government, the forms of jurisdiction.
2) The Administrative Proceedure Code.
Fundamental laws of which it is suggested to consult:
- Constitution of the Italian Republic;
- Legislative Decree n. 104 of 2010 (Administrative Procedure Code). Didactic methods
- The classes will follow the index of the recommended text. The teacher will manage the lectures with the help of a projector for the illustration of the main legal provisions analyzed. The study of the introductory phase of the judicial review of first instance (before the local administrative tribunal) will be done with the help of case studies from which the teacher, together with students, will extract the essential content of the main applications and will write them in the typical terms of the legal profession. It is suggested that students be aware that the lecture notes are not a replacement of that text.
Learning assessment procedures
- The examination takes place exclusively in oral form. The teacher turns to the candidate, as a rule, an application for each of the three parts in which the program is divided (v. above): I- organization, II- activity and liability, III Judicial review. The final rating is determined by comparing the results achieved in each of the parts of the subject of questions turned to the candidate. Students are admitted to support a partial test on Part I of the program (administrative organization) on the dates laid down for sessions in January / February 2016.
Please note that partial proof is in effect part of the exam. Therefore its result is only valid no later than the session in February 2017. The faculty of supporting the partial test automatically terminates in the event of failure of the first partial test (subsequent exams will be held again on the whole program).
Requests for examinations, tests, interviews or tests in any manner other than those described above will not be allowed of any kind, Reference texts
- 1) V. Cerulli Irelli, Outlines of administrative law, Giappichelli, Turin, 2012.
2) A. Travi, Lessons of administrative justice, Giappichelli, Turin, 2013.
(NB: The translation of the titles above is only explanatory. The texts are in Italian only)
