CODE 55699 ACADEMIC YEAR 2021/2022 CREDITS 9 cfu anno 2 SERVIZI LEGALI ALL'IMPRESA E ALLA PUBBLICA AMMINISTRAZIONE 10842 (L-14) - GENOVA SCIENTIFIC DISCIPLINARY SECTOR IUS/10 LANGUAGE Italian TEACHING LOCATION GENOVA SEMESTER 1° Semester PREREQUISITES Propedeuticità in ingresso Per sostenere l'esame di questo insegnamento è necessario aver sostenuto i seguenti esami: LEGAL SERVICES IN BUSINESS AND PUBLIC ADMINISTRATION 8709 (coorte 2020/2021) INSTITUTIONS OF PRIVATE LAW I 65201 2020 CONSTITUTIONAL LAW 65203 2020 LEGAL SERVICES IN BUSINESS AND PUBLIC ADMINISTRATION 10842 (coorte 2020/2021) INSTITUTIONS OF PRIVATE LAW I 65201 2020 CONSTITUTIONAL LAW 65203 2020 TEACHING MATERIALS AULAWEB OVERVIEW The course offers a theoretical and practical framework of the administrative organization and its means as well as of the administrative activity as a whole. AIMS AND CONTENT LEARNING OUTCOMES The course aims to deepen the general principles and fundamental legal institutions of administrative law with reference to the organization and activity of the P.A. AIMS AND LEARNING OUTCOMES The course aims at an in-depth critical knowledge of administrative pluralism, of employment in the employ of public administrations, of the responsibilities, means and financial resources necessary for their organization and functioning as well as the administrative activity in its making. (administrative procedure) and in its possible manifestations (acts, measures, silences). Individual study, class attendance and participation in the proposed educational activities will allow the student to achieve the following learning outcomes: - understand and remember the main regulatory provisions governing the organization and administrative activity, with the relative means; - know the related institutions and principles; - identify and apply the main reference standards starting from the analysis of concrete problems; - read and critically examine, with independent judgment, scientific articles and judicial measures relating to issues related to the subject of teaching; - express themselves in appropriate technical-legal language. PREREQUISITES Excellent knowledge of constitutional law and the fundamental institutions of private law, with a satisfactory command of the technical-legal language. TEACHING METHODS The teaching will take place mainly through lectures (54 total hours). Some in-depth lessons on specific topics may be provided. The teaching will be delivered in person. If the health situation requires the completion, total or partial, of the remote lessons, news will be given on the Aulaweb page; in this case, the lessons will be held in synchronous mode, without registration. Only for those attending the course, it is possible to carry out an intermediate test (written or oral, at the discretion of the teacher). The test has no exemption value, but its positive outcome entails the achievement of a score, which can be used, if the student declares it in the official exam, for the formation of the final grade. Attendance involves the presence of at least two thirds of the lessons and is calculated with reference to the entire course of the lessons. SYLLABUS/CONTENT The main contents of the course are the following: PART I - Introductory concepts and administrative organization A) Introductory notions. Sources of administrative law. B) Administrative organization: constitutional and general principles on public administration; the public administration in its evolutionary aspects; administrations as legal operators; organizational structures and relationships; the state administration; independent authorities; public bodies; public law bodies; regions and local authorities PART II - Public administration resources, controls and contractual activity A) The resources of the public administration: personnel, financial income. The use of resources in relation to the principle of efficiency. Controls - The regime of public goods and private goods subject to restrictions. The responsibility of the public administration and those of public officials and managers B) The contractual activity of the public administration - Public authorities and economy: market regulation functions; public services. N.B. The discussion of the program will be supplemented by the explanation of the following topics, in their essential lines: a) administrative activity: general notions; b) the administrative relationship and the relevant subjective legal situations; c) acts, measures and silences of the Public Administration and possible pathologies; d) the administrative procedure and its structure. RECOMMENDED READING/BIBLIOGRAPHY For the student attending the SLIPA degree course, in addition to the notes and any teaching material offered in class, knowledge of the following volumes will be an integral and necessary part for passing the exam: - P.M. Vipiana, L’organizzazione amministrativa e i suoi mezzi, Cedam Wolters Kluwer, 2019; - A. Giuffrida, Il “diritto” ad una buona amministrazione pubblica e profili sulla sua giustiziabilità, Giappichelli, 2012 (limited to the parts indicated in class). For students not attending the SLIPA degree course, knowledge of the following volumes will be an integral and necessary part for passing the exam: - P.M. Vipiana, L’organizzazione amministrativa e i suoi mezzi, Cedam Wolters Kluwer, 2019; To complete the preparation for the exam, it is necessary to study, at the student's choice, one of the following volumes: - A. Giuffrida, Il “diritto” ad una buona amministrazione pubblica e profili sulla sua giustiziabilità, Giappichelli, 2012, excluding Chapters IV and V; - M. Timo, Le concessioni balneari alla ricerca di una disciplina fra normativa e giurisprudenza, Giappichelli, 2020; TEACHERS AND EXAM BOARD ARMANDO GIUFFRIDA Ricevimento: Before the beginnig or after the end of every lesson or by appointment by sending an email to armando.giuffrida@unige.it. Exam Board ARMANDO GIUFFRIDA (President) PIERA VIPIANA FABIO TIRIO (President Substitute) GIOVANNI ACQUARONE (Substitute) SILVIA BATTISTELLA (Substitute) GIOVANNI BOTTO (Substitute) PAOLA FRULIO (Substitute) CRISTIANO GIUDICE (Substitute) ALESSANDRO PAIRE (Substitute) GEROLAMO TACCOGNA (Substitute) MATTEO TIMO (Substitute) LESSONS LESSONS START 1° semester Class schedule The timetable for this course is available here: Portale EasyAcademy EXAMS EXAM DESCRIPTION For students attending the SLIPA Degree Course: The exam is in oral form. During the course of the course, the attending student will have the right to take any intermediate test (written or oral, at the discretion of the teacher), limited to Part I of the program dedicated to introductory notions and administrative organization in general. If the student successfully passes this test, the oral exam will focus on the remaining part of the program (Part II: Public administration resources, controls and contractual activities). The eligibility obtained in the intermediate test will remain valid for one calendar year. If, on the other hand, the student prefers not to take the intermediate exam or does not pass it, the final oral exam will cover the entire program. The final grade is awarded out of thirty. In order to take the test, the student is required to register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam. For non-attending students of the SLIPA Degree Course: The exam takes place exclusively in oral form on the entire program, as indicated above. ASSESSMENT METHODS For students attending the SLIPA Degree Course: The possible intermediate test consists of the answer to three questions. If the mid-term exam is written, the questions will require an open answer. During the oral exams (both for the intermediate test and for the official test), the first question is generally wide-ranging, in order to allow the student to present an articulated answer and the teacher to evaluate the candidate's learning with reference both the memorization of precise notions, as well as the organization of thought and the articulation of speech. The completeness of the topics covered, the overall construction of the answer, the order in the sequence of concepts, any links established between different topics covered in the course, the effective understanding of the substance of what is exposed, the critical ability are the subject of evaluation of the candidate as well as, where possible on the basis of the topic, the ability to place the answers within the general principles of law. On the basis of the answer given to the first question, the next two questions are then formulated, generally more limited and specific. Overall, the three questions cover different topics included in the exam program (intermediate or final). The final grade is awarded out of thirty. In order to take the final exam, the student is required to register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam. For non-attending students of the SLIPA Degree Course: During the official oral exam, the first question is generally wide-ranging, in order to allow the student to present an articulated answer and the teacher to evaluate the candidate's learning with reference both to the memorization of precise notions and to the organization of thought and the articulation of speech. The completeness of the topics covered, the overall construction of the answer, the order in the sequence of concepts, any links established between different topics covered in the course, the effective understanding of the substance of what is exposed, the critical ability are the object of evaluation. of the candidate as well as, where possible on the basis of the topic, the ability to place the answers within the general principles of law. On the basis of the answer given to the first question, the next two questions are then formulated, generally more limited and specific. Overall, the three questions cover different topics included in the exam program (intermediate or final). The final grade is awarded out of thirty. In order to take the final exam, the student is required to register online for the chosen ordinary session. It is strongly recommended to unsubscribe, in case of renouncing to attend the exam. Exam schedule Data appello Orario Luogo Degree type Note 12/01/2022 14:30 GENOVA Orale 26/01/2022 14:30 GENOVA Orale 10/05/2022 14:30 GENOVA Orale 06/06/2022 14:30 GENOVA Orale 07/06/2022 14:30 GENOVA Orale 21/06/2022 14:30 GENOVA Orale 04/07/2022 14:30 GENOVA Orale 08/09/2022 14:30 GENOVA Orale