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ADMINISTRATIVE LAW

CODE 55699
ACADEMIC YEAR 2022/2023
CREDITS
  • 9 cfu during the 2nd year of 10842 SERVIZI LEGALI ALL'IMPRESA E ALLA PUBBLICA AMMINISTRAZIONE (L-14) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/10
    LANGUAGE Italian
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 2° Semester
    PREREQUISITES
    Prerequisites
    You can take the exam for this unit if you passed the following exam(s):
    • LEGAL SERVICES IN BUSINESS AND PUBLIC ADMINISTRATION 8709 (coorte 2021/2022)
    • INSTITUTIONS OF PRIVATE LAW I 65201
    • CONSTITUTIONAL LAW 65203
    • LEGAL SERVICES IN BUSINESS AND PUBLIC ADMINISTRATION 10842 (coorte 2021/2022)
    • INSTITUTIONS OF PRIVATE LAW I 65201
    • CONSTITUTIONAL LAW 65203
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    According to the didactic program published in the Study Manifesto of the S.L.I.P.A. course, the teaching offers a theoretical and practical framework on the following topics: "Organization of public administration including that relating to regions and local authorities; regulatory and management functions; administrative procedure; administrative acts; administrative justice".

    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 teaching of administrative law aims at an in-depth critical knowledge of administrative pluralism, of the employment in the employ of public administrations, of the responsibilities, means and financial resources necessary for the organization and functioning of the same as well as the activity administrative in its making (administrative procedure) and in its possible manifestations (acts, measures, silences), with elements also of administrative justice.
    More specifically, the course aims to provide students with adequate knowledge on the principles and discipline of organization and activity with specific reference to the following topics:
    • the notion and sources of administrative law, including international and european ones;
    • the organization of the public administration, including that relating to regions and local authorities;
    • the regulation and management of public administration resources (public employees; public assets; financial resources);
    • the administrative procedure and its phases as well as the role played by the person in charge of the procedure;
    • administrative acts and measures, administrative regimes other than the express provision and control instruments, including those on private economic activities;
    • the defects of the administrative acts and the administrative and jurisdictional instruments available to eliminate the aforementioned defects.

    Individual study, attendance and participation in the proposed educational activities will allow the student to achieve the following learning outcomes:
    • know, remember and apply the principles governing the organization of the public administration as well as the interrelationships between different public bodies and between the bodies of the entities;
    • know, remember and apply the principles governing the exercise of administrative functions and activities with the institutions and the principles related to them;
    • 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 responsibilities;
    • know the institutions and instruments of administrative justice;
    • express themselves in appropriate legal technical language, with the ability to critically read and examine, with autonomy of judgment, scientific articles and judicial measures relating to issues related to the subject of teaching.

    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 mainly take place with lectures (54 hours in total) and will be delivered in person. If the health situation requires the completion, total or partial, of the remote lessons, notice will be given on the Aulaweb page: in this case, the lessons will be held in synchronous mode, without registration.
    There are also some in-depth lessons on specific topics that will preferably be held remotely.

    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. The subjective legal situations relevant in administrative law. The principle of the separation of powers. The principles that govern the organization and actions of the Public Administration
    B) Profiles of the administrative organization of the State, public bodies (territorial and non-territorial) and other public bodies: constitutional principles on the subject; organizational structures and relationships; the regime of public controls; the employment relationship employed by the Public Administrations

    PART II - Administrative activity and elements of administrative justice

    A) Administrative activity in general and the administrative procedure. The administrative provision and the regulation of silences of the P.A. The pathologies of administrative acts and remedies. Administrative arrangements. Elements on P.A. contracts The regime of public goods and private goods subject to restrictions.
    B) The responsibility profiles of the P.A. as well as public officials and managers. The administrative justice system: administrative appeals; the jurisdictions of the ordinary judge, the administrative judge and special administrative jurisdictions.

    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:

    - A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2018 (pp. 1-430). A new edition is expected shortly.

    - A. Giuffrida, Il “diritto” ad una buona amministrazione pubblica e profili sulla sua giustiziabilità, Giappichelli, 2012 (limitatamente ai Capp. II e III).

    As an alternative to the manual  A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, cit., It is possible to prepare oneself on P.M. Vipiana, L’organizzazione amministrativa e i suoi mezzi, Cedam Wolters Kluwer, 2019, within the limits of the following parts: Cap.  I (pp. 1-9); Cap. II (pp.11-49); Cap. III (pp.51-76); Cap. IV (pp. 77-162); Cap. V (pp. 163-210); Cap. VI (pp. 211-293). For the part relating to the administrative activity and the profiles of administrative justice it is necessary to study A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2018, within the limits of the following parts: Cap. VI (pp. 87-108); Capp. IX-XV (pp. 143-252); Capp. XVII-XVIII (pp. 265-312); Cap. XXIII (pp. 391-430).

    For students not attending the SLIPA degree course, knowledge of the following volumes will be an integral and necessary part for passing the exam:

    - A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2018 (pp. 1-430). A new edition is expected shortly.

    - A. Giuffrida, Il “diritto” ad una buona amministrazione pubblica e profili sulla sua giustiziabilità, Giappichelli, 2012 (limitatamente ai Capp. I, II e III).

    As an alternative to the manual  A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, cit., It is possible to prepare oneself on P.M. Vipiana, L’organizzazione amministrativa e i suoi mezzi, Cedam Wolters Kluwer, 2019, within the limits of the following parts: Cap.  I (pp. 1-9); Cap. II (pp.11-49); Cap. III (pp.51-76); Cap. IV (pp. 77-162); Cap. V (pp. 163-210); Cap. VI (pp. 211-293). For the part relating to the administrative activity and the profiles of administrative justice it is necessary to study A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2018, within the limits of the following parts: Cap. VI (pp. 87-108); Capp. IX-XV (pp. 143-252); Capp. XVII-XVIII (pp. 265-312); Cap. XXIII (pp. 391-430)

    TEACHERS AND EXAM BOARD

    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

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    For students attending the SLIPA Degree Course:

    The exam is in oral form. During the course of the course, attending students 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: Administrative activity and elements of administrative justice).

    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

    Date Time Location Type Notes
    16/12/2022 09:00 GENOVA Orale
    16/01/2023 09:00 GENOVA Orale
    06/02/2023 09:00 GENOVA Orale
    12/05/2023 09:00 GENOVA Orale
    26/05/2023 09:00 GENOVA Orale
    12/06/2023 09:00 GENOVA Orale
    26/06/2023 09:00 GENOVA Orale
    15/09/2023 09:00 GENOVA Orale