ADMINISTRATIVE LAW
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- MARZIA DE DONNO
- Credits
- 12
- Didactic period
- Secondo Semestre
- SSD
- IUS/10
Training objectives
- The purpose of the course is provide the students with an in-depth knowledge of the main principles of Administrative law. The students will be able also to understand the numerous practical effects of the subject. The class will be divided in four parts: (i) the principles and the sources of the Administrative Law; (ii) the administrative organisation; (iii) the administrative activities and (iv) the main principles of administrative justice. The main topics will be analysed together with the main sources of law as well as the most relevant case law. The course will also naturally take into account the European context as well as the most significant experiences of the others Member States of the European Union.
Main knowledge acquired:
The students will acquire specific knowledge of the main principles of Administrative Law:
- the constitutional basis of the public administration;
- the main principles of organization and public finances;
- the institutes of the administrative procedure;
- the fundamental principles of administrative justice;
- the normative frame work and the main case law in the field of Administrative Law.
Main skills acquired:
By the end of the class, the students will acquire the following skills:
- analytical skills of the main principles of Administrative Law, in light of the main jurisprudence and case law;
- capacity to understand the main links with related disciplines, such as the European Union Law, Constitutional Law and Civil Law;
- capacity to understand the main practical effects of Administrative Law;
- capacity to identify, obtain and assess the main laws as well as the most important case law. Prerequisites
- Students are required to have a solid knowledge of the principles and fundamental rules of the Italian Constitution and to know the main institutes of the Italian Civil code.
In order to sustain the exam of Administrative Law, students have to passed the preparatory exams of Constitutional Law and Private Law. Course programme
- The course, for a total of 80 hours, is divided in four parts:
PART I – Sources and principles(12 hours)
1) The constitutional principles of the public administration;
2) The sources of Administrative law.
PART II – Administrative Organization (27 hours)
1) The organization of the State and of public entities;
2) The organisational relations;
3) The public servants;
4) The public services;
5) The public and private goods of the public administration;
6) Principles of public finance;
PART III – Administrative activity (35 hours)
1) The administrative activity and the subjective legal positions;
2) The administrative act;
3) The administrative procedure: phasis and its conclusion;
4) The institutes of administrative simplification;
5) The institutes of administrative transparency;
6) The invalidity of administrative acts;
7) The second degree procedure and the so-called administrative self-protection;
8) The negotiating activity of the public administration: administrative agreements and contracts;
9) The forms of responsibility of the public servants.
PART IV – Administrative Justice (6 hours)
1) Main principles of administrative justice:
- constitutional principles;
- legal framework of the administrative jurisdiction;
- allocation of jurisdiction;
- content and limits of the ordinary justice towards public administration. Didactic methods
- The classes will follow the order followed in the suggested textbooks. During the course, some lectures will be dedicated to in-depth seminars on topics of particular interest and on the research of the main normative sources and case law in the related database. Please be aware that the notes from the lessons do not replace the textbook.
Learning assessment procedures
- The exam will be exclusively oral and will test the knowledge and the analytical understanding of the principles of Administrative Law.
The exam consists in three questions. The vote of the exam is the average of the votes attributed to each of the student’s answers, unless he has some such gaps not to allow the formulation of a positive vote.
The students who will attend the classes will have the possibility to take the exam at the end of the course. Reference texts
- 1) A handbook of your choice:
- F. Merloni, Istituzioni di diritto amministrativo, Torino, Giappichelli, last edition available.
- M. Clarich, Manuale di diritto amministrativo, Bologna, Il Mulino, latest edition available.
2) M. De Donno, G. Gardini, M. Magri (edited by), Il diritto amministrativo nella giurisprudenza, Maggioli Editore, 2nd edition, 2022, limited to some chapters, listed below.
The judgments analysed in the following chapters (with the specifications that will follow) are an integral part of the programme and will be examined during the examination. The parts of the volume called "General framework" are used to deepen the institutes and principles illustrated during the lessons, and are only recommended reading.
For the attending students:
- Chap. 4, 5, 7, 9, 16, 17, 21, 22, 26, 29;
- Chap. 2, 3, 6, 10, 13, 14, 20, 23, 24, 28, 30, with regard to the judgments to be given during the course.
For non-attending students:
- Chap. 3, 4, 5, 9, 14, 17, 20, 21, 26, 27, 29;
- Chap. 2, 6, 7, 11, 13, 22, 23, 24, 28, 30. A choice of commented judgment for each of the chapters indicated.
