|SCIENTIFIC DISCIPLINARY SECTOR||IUS/10|
The course has as its object, in the first part, the study of the legal discipline that regulates the organization and activity of the public administration and, in the second part, the study of the sectors of market regulation, contractual activity and services. public and social.
The course deals with the principles of administrative law, especially concerning the organization of the public administration. Moreover it focuses on the general aspects of such organization and on the rules provided in statues and by the courts. Civil service, public property and public finance are also part of the course.
In the first part, the teaching of administrative law aims to provide students with adequate knowledge on the principles and rules governing the organization and activity with specific reference to the following topics: sources of administrative law; organization of public administration including that relating to regions and local authorities; discipline and management of public administration resources (public employees; public assets; financial resources); administrative procedure, its phases and role played by the person in charge of the procedure; administrative acts and measures, administrative regimes other than the express provision and control tools on private economic activities; defects in administrative acts and administrative and jurisdictional instruments that can be used to eliminate the aforementioned defects. In a second part, the course examines the discipline of the regulatory, management and sanctioning functions exercised by the legal operators of the public administration, with particular reference to the areas of market regulation, contractual activity and public and social services. Individual study, attendance and participation in the proposed educational activities will allow the student to: know and apply the principles governing the organization of the public administration as well as understand the relationships that exist between different public bodies and between the bodies of the entities; know the forms and tools for exercising administrative functions and activities; know and correctly use the legal framework that regulates the resources of the public administration (public employees, public goods, financial resources); know the administrative procedure and its phases, the activities that must be carried out by the person in charge of the procedure and his / her responsibilities; know the institutions and instruments of administrative justice; express themselves in appropriate legal technical language.
The course consists of lectures, for a total of 54 hours (equal to 9 CFU), in which the fundamental principles of administrative law will be exposed and examples and practical cases discussed. Materials (regulations and administrative documents) of particular relevance for teaching will be posted on aulaweb.
The principles and sources of administrative law. Administrative organization: State, local authorities, public bodies, independent authorities. Relations between entities and bodies. Staff. Public goods. Public finance. The administrative procedure. The administrative provision. The defects of administrative acts. Administrative and jurisdictional remedies against administrative acts. Controls on acts and activities and management controls. Civil and administrative liability of the public administration and of employees and officials. Market regulation. Public contracts. Public services.
Recommended textbooks for attending students (at least 80% of the recorded attendance or no more than 4 absences): M. Clarich, Manual of administrative law, Il Mulino, Bologna, latest edition. Exact indication of pages and topics: chap. II, The regulatory function and the sources of law pp. 63-104; Postal Code. IV, The provision, pp. 165-232; Postal Code. V, The procedure, pp. 233-280; Postal Code. VI, The controls, pp. 281-288; Postal Code. VII, Responsibility, pp. 289-310; Postal Code. VIII, The organization, pp. 311-368; Postal Code. IX, Public services, 369-392; Postal Code. X, The staff, pp. 393-414; Postal Code. XI, The goods, pp. 415-428; Postal Code. XII, Contracts, pp. 429-452; Postal Code. XIII, Finance, pp. 453-470; Postal Code. XIV, Administrative justice. The general lines of the system, pp. 471-502. F. Trimarchi Banfi, Lectures on public economic law, Giappichelli, Turin, 2016. Exact indication of the pages and topics: chap. V, The conformation of the markets, pp. 153-183. Total number of pages: about 410 Recommended textbooks for non-attending students: M. Clarich, Manual of administrative law, Il Mulino, Bologna, latest edition. Exact indication of pages and topics: chap. II, The regulatory function and the sources of law pp. 63-104; Postal Code. IV, The provision, pp. 165-232; Postal Code. V, The procedure, pp. 233-280; Postal Code. VI, The controls, pp. 281-288; Postal Code. VII, Responsibility, pp. 289-310; Postal Code. VIII, The organization, pp. 311-368; Postal Code. IX, Public services, 369-392; Postal Code. X, The staff, pp. 393-414; Postal Code. XI, The goods, pp. 415-428; Postal Code. XII, Contracts, pp. 429-452; Postal Code. XIII, Finance, pp. 453-470; Postal Code. XIV, Administrative justice. The general lines of the system, pp. 471-502. F. Trimarchi Banfi, Lectures on public economic law, Giappichelli, Turin, 2016. Exact indication of the pages and topics: chap. I, Forms and aims of public action in the economy, pp. 1-38; Postal Code. II, Subjects and tools of public action in the economy, pp. 39-65; Postal Code. IV, Public services, pp. 111-152; Postal Code. V, The conformation of the markets, pp. 153-183; Postal Code. VI, The European principle of non-discrimination and the obligations of the public economic operator, pp. 185-201. Total number of pages: about 530 The topics of the program concerning administrative organization can also be prepared on G. Taccogna, The discipline of administrative organization, Cedam, Padua, 2019. The exam can also be prepared on other university-level textbooks, as long as they deal with the same topics in the same quantitative range.
Office hours: The reception will take place on Thursday at h. 16.15 remotely or by appointment in the presence (Administrative Law Section, Via Balbi 22) in compliance with the prevention measures dictated by the regulations in force.
FABIO TIRIO (President)
ARMANDO GIUFFRIDA (President Substitute)
GEROLAMO TACCOGNA (President Substitute)
SILVIA BATTISTELLA (Substitute)
PAOLA FRULIO (Substitute)
PAOLA NAVONE (Substitute)
MATTEO TIMO (Substitute)
PIERA VIPIANA (Substitute)
II semester February-May 2023
The exam takes place in written form and has as its object the answer to three open questions on topics from different parts of the program and available in the manuals indicated. The mark is awarded out of thirty. The student must register online for the chosen exam.
The exam is aimed at verifying the student's actual knowledge and acquisition of the fundamental notions of administrative law, the student's ability to identify, understand and apply the principles that govern the subject and the forms and tools for exercising the functions and administrative activities relevant to the subject, the acquisition of an appropriate technical-legal vocabulary. In this regard, the evaluation parameters will be the quality of the written presentation, the appropriate use of the legal lexicon, the capacity for critical reasoning in relation to the contents of the teaching program.