LEARNING OUTCOMES

The teaching aims to deepen the general principles and fundamental legal institutions of administrative law with reference to the organization and activity of the Public Administration and with elements of administrative justice.

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

A fruitful study of Administrative Law presupposes a good knowledge of constitutional law and the fundamental institutions of private law as well as a satisfactory command of the technical-juridical language.

TEACHING METHODS

The teaching consists of a total of 54 hours of lessons (for a total of 9 credits) which are taught by the teacher in presence. Some in-depth lessons on specific topics are planned, which will preferably be carried out remotely.

Only attending students are also offered the possibility of taking an intermediate written test during the course, which does not have the value of exemption, but whose positive outcome leads to the achievement of a score, which can be used, if the student declares it at the time of official exam, for the formation of the final mark. Attendance requires attendance at 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, 2022 (pp. 1-542);

- 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, 2022 (pp. 1-542).

- 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)