JUDICIAL REVIEW AND ADMINISTRATIVE TRIAL
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- EDOARDO CARUSO
- Credits
- 6
- Didactic period
- Primo Semestre
- SSD
- IUS/10
Training objectives
- The course aims to the following targets. A) Theoretical knowledge of the judicial review of administrative action in Legislative decree n. 104/2010 (italian statutory code). The course also illustrates the practical application of the principles studied through the analysis of particularly significant case law. B) The skills acquired at the end of the course will enable the students to know how to solve practical cases and concrete problems making use of legal-administrative thinking. Furthermore, the students will enable to identify judicial acts connected with administrative court's proceedings
Prerequisites
- According with propaedeuticity, a good knowledge of private law is required (in particular general notions: legal relationship, duty, obligation, faculty, power), Constitutional law (in particular hierarchy of sources and judicial review of legislation) and administrative law (activity and civil liability of the p.a.) is required. It is strongly recommended that you have first taken (as the training course indicates, in the fourth year) the examination of civil procedural law (not propaedeutic). It is also necessary to have a good aptitude for logical-legal reasoning and the resolution of concrete cases.
Course programme
- The course (40 hours) aims to the knowledge of the judicial review's italian system, according with Legislative Decree No. 104/2010 (Administrative Procedure Code).
The program takes place in two weekly classes of two hours each, for a total of four hours per week, for 10 consecutive weeks. The topics are:
1) history of the Italian system of judicial review of administrative action. Constitutional principles.
2) The distribution of jurisdiction and the powers of the ordinary judge towards the public administration.
3)Administrative appeals
4) The three types of administrative jurisdiction
5) Lawsuite in the administrative process
6) Territorial competence of the TAR and parties to the process
7) The introduction of the process. The conduct of the trial until the hearing of discussion
8) The judgment and its effects. The judged thing.
9) The judgment of compliance.
10) The precautionary protection.
Every week (4 hours) corresponds to an argument. The distribution may be subject to change, depending on learning level or other unforeseen circumstances.
Fundamental laws suggested for consultation:
- Constitution of the Italian Republic;
- Legislative Decree 2 July 2010 n. 104 (Code of the administrative process). Didactic methods
- The course will be delivered in presence, according to the calendar published on the Study Course's website.
Learning assessment procedures
- The examination takes place in oral form. It consists in a series of questions, referred to the adopted textbook, on topics included in the programme listed above.The student will have to answer by following what is written in the text used for the exam. Practical cases may be submitted to the candidate. The vote is determined by comparing the results achieved in each question. IMPORTANT: It is not possible to prepare for the exam by studying only the lecture notes.
Reference texts
- 1) A. Travi, Lessons of administrative justice, Giappichelli, Turin, 2021, except chapter 14.
(NB: The translation of the titles above is only explanatory. The texts are in Italian only)
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