AIMS AND CONTENT

LEARNING OUTCOMES

Administrative Jurisdiction and Courts. General rules. Judgment of first instance; contests; judgment of last resort. Enforceable action against public Administration as losing party. Special Administrative Courts. Administrative litigations and arbitration tools.

AIMS AND LEARNING OUTCOMES

The course aims to provide an in-depth and critical understanding of the Italian system of administrative justice.

Through individual study, class attendance, and participation in the proposed learning activities, students will be able to:

• Describe the main legal provisions governing judicial protection, listing the related institutions and principles;

• Identify and apply the key legal rules by analyzing real-life issues that may arise before the administrative judge;

• Critically examine, with independent judgment, scholarly articles in the field of administrative law, as well as judicial decisions from lower courts, higher courts, and the Constitutional Court concerning matters related to the course content;

• Express themselves using appropriate legal terminology: develop the ability to communicate effectively, both in writing and orally, on procedural and substantive aspects of administrative law; adapt communication to the relevant context (legal scholarship, case law, public administration); and use a variety of sources and tools, including the most common legal databases used in administrative law practice.

TEACHING METHODS

Lectures: Examination of recent judicial rulings together with the students. Presentation of real cases to the students, who will be involved in finding solutions.

Classes will be held in person.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs are invited to contact the teacher and the Department's disability liaison officer at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles.

SYLLABUS/CONTENT

The course aims to cover the following topics, divided into two parts: one concerning administrative activity and the other concerning administrative justice.

ADMINISTRATIVE JUSTICE

• The administrative justice system

• Administrative jurisdiction

• Legal actions

• Interim measures, investigation, and decision

• The judgment and enforcement proceedings

• Special procedures

• Appeals

• Administrative appeals

RECOMMENDED READING/BIBLIOGRAPHY

Recommended textbooks:

A) For the section on administrative activity: P. M. VIPIANA, L'attività amministrativa ed i regimi amministrativi delle attviità private, Cedam Wolters Kluwer, latest edition;

B) For the section on administrative justice: P. M. VIPIANA - V. FANTI - M. TRIMARCHI, Manuale di giustizia amministrativa, Cedam Wolters Kluwer, II edizione, 2024.

The textbooks listed above for exam preparation are to be considered as recommended material and can therefore be substituted with other university-level texts, provided they cover the same topics with equivalent depth.

Non-attending students must complete their exam preparation using the following textbooks:

- P. M. Vipiana, Considerazioni in tema di interessi sensibili, in Diritto e processo amministrativo, 2019, 1, pp. 155 ss.;

- P. M. Vipiana, Venire contra factum proprium in tema di giurisdizione: il nodo della soccombenza, Nota a Corte di Cassazione, Sezioni Unite civili, 20 ottobre 2016, n. 21260, in Giurisprudenza italiana, 2017;

- M. Timo, Algoritmo e potere amministrativo, in Il diritto dell'economia, 2020, anno 66, n. 101 (1 2020), pp. 753 ss. 

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

I semester September 2025
 

Class schedule

THE ADMINISTRATIVE PROCESS AND OTHER PROCESS RELATING TO THE P.A.

EXAMS

EXAM DESCRIPTION

The exam is conducted orally and aims to assess the ability to analyze and argue topics related to public administration activities and the administrative justice system.

In the case of a very high number of enrolled students, the oral exam will be preceded by a written test.

For attending students only, an intermediate test will be conducted during the course, consisting of solving several exercises based on the syllabus. Although passing this test does not exempt students from the final exam, it grants a score that can be used—if the student so wishes—towards the final grade during the official exam. Attendance requires presence at at least two-thirds of the lessons and is calculated with reference to the entire course.

ASSESSMENT METHODS

Several open-ended questions requiring reasoned answers will be asked on each part of the course.

Assessment criteria:

1. Appropriateness of the legal terminology used;

2. Consistency of the answers with the educational objectives and learning outcomes.

Students having a valid certification of disability or Specific Learning Disorders (DSA)  may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

Additional information may be requested from the professor.