JUDICIAL REVIEW AND ADMINISTRATIVE TRIAL
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- MARCO MAGRI
- Credits
- 6
- Didactic period
- Primo Semestre
- SSD
- IUS/10
Training objectives
- The course aims to provide in-depth knowledge of the Italian Code of Administrative Process and the Italian system of judicial review of administrative decisions.
1) Knowledge and understanding.
The expected result is the complete understanding of the principles, including constitutional principles, on administrative justice; of the knowledge of the framework in which ordinary jurisdiction operates in relation to the public authorities; of the administrative judicial organization; of the procedural framework of the institutes of substantive administrative invalidity; of the conditions and types of action that can be brought before the TAR; of the rules for the conduct of the administrative process (judge, parties, introduction and possible events of the judgment); of the different types of jurisdictional measure concluding the process; of the judgment and its execution, appeals, special proceedings; of provisional measures; of the mechanisms non-formally jurisdictional forms of protection of the citizen against the public administration (administrative appeals).
2) Ability to apply knowledge and understanding.
The expected result is the ability to reason about specific concrete situations, to identify relevant norms and institutes, to resolve complex situations in which the guarantee of protection of the citizen against the p.a. is at stake; to correctly use the legal-processual language, where necessary also through the citation of addresses of doctrine and/or jurisprudence.
From the study of the Handbook and from attendance at the Course, students will derive the basis for orienting themselves in the study of administrative procedural law even after obtaining the degree, for the purpose of access to the legal professions (judiciary, bar, notary, public management, etc.). Prerequisites
- The course requires a good knowledge of the subject of the the preparatory exams (Constitutional Law, Private Law and Administrative Law). The Civil Procedure Law Course (4th year), although not formally propedeutical, is strongly recommended.
Course programme
- The course, for a total of 40 hours, deals with the Italian administrative judicial system against the acts of the public administration. After the reconstruction of the historical evolution, it will be outlined the current arrangement, even in relation to the jurisdiction of the ordinary courts.
The program is divided in two parts:
PART I – Historical evolution and principles (15 hours):
1) Historical evolution of the Italian "dual system" of jurisdiction;
2) Constitutional principles.
PART II – The administrative process (25 hours):
1) Jurisdictional allocation criteria and powers of the ordinary court against the public administration;
2) Limits of the special administrative jurisdiction and territorial competence of the courts of first instance;
3) Types of remedies
4) Introduction trial before TAR
5) Trial cours
6) Provisional measures
7) Judgment and its effects;
8) Administrative "res judicata"
9) Compliance process;
10) Provisional measures
11) Appeals
12) Special proceedings Didactic methods
- Teaching is delivered through face-to-face lectures, in-person only (no remote lectures or recordings).
The institutes of administrative procedural law will be explained also by the analysis of judgments and with regular recourse to case-based reasoning. Focus points may be organized, including written self-assessment tests, discussed immediately and openly with the teacher (please note: these "tests" are only for formative value and purposes: they are not "partial tests"). Learning assessment procedures
- The examination will be conducted in the form of an oral test only. The questions addressed to the student will be aimed at testing the achievement of the knowledge and skills described above (under "Course Objectives").
The exam is passed with a grade of 18/30.
To achieve high-end grades (from 27/30), it is necessary to be able to combine knowledge and understanding, skill, preciseness of language, and ability to solve practical questions with full autonomy. Reference texts
- 1) Travi, Lezioni di giustizia amministrativa, Giappichelli, Torino, XII edizione, last edition available.
