ADMINISTRATIVE LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- MARCO MAGRI
- Credits
- 12
- Didactic period
- Secondo Semestre
- SSD
- IUS/10
Training objectives
- The course aims to provide knowledge and critical skills concerning the right of public authorities.
The course also illustrates the practical application of the principles studied through the analysis of particularly significant case law.
Main knowledge acquired
The students will acquire specific knoweldge 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 practical effects of Administrative Law;
- capacity to identify, obtain and assess the main laws as well as the most important case law. Prerequisites
- The course requires a good knowledge of the institutions and the basic principles studied during the preparatory exams (Private Law and Constitutional Law).
Course programme
- The course will focus on the study of public administration under the profile of the organization and activity, taking as a point of observing the constitutional principles and sources of Administrative Law.
The program is divided in three parts:
PART I – Sources and principles
1) The constitutional principles of the public administration;
2) The sources of Administrative law;
3) Subjective situations
4) The Administrative Function and its Principles
PART II – Administrative Organization
1) The organization of the State and of the public entities;
2) The organizational 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
1) The administrative activity and the subjective legal positions;
2) The administrative act;
3) The administrative procedure: phases 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 civil servants.
10) Judicial review (outlines) Didactic methods
- In the context of lectures will be illustrated the different institutions and principles of administrative law, including examination of rulings or exposition of practical cases. Self-assessment tests may be organized for training purposes only (not to be considered as partial tests).
Learning assessment procedures
- The examination will take the form of a structured test. The first part will consist of a test of 30 questions, each with four answer options (not ordered: only one is correct). The marks will be awarded according to the scheme: correct answer =+1; missing answer =0; wrong answer =-1/3. The subsequent test will take place in the oral form among those who have obtained at least 18/30, focusing on the mistakes made in the written test. The final assessment will be given by comparing the mark of the written test and the result of the discussion.
Reference texts
- A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2022.
