|SCIENTIFIC DISCIPLINARY SECTOR||IUS/10|
|SECTIONING||This unit is divided into 2 sections:|
Prerequisites (for future units)
Administrative law includes principles, organizational aspects and operating rules of public bodies and offices, rules concerning the administration activities, guarantees and defenses of citizens towards the administration and trial’s rules. The course of administrative law I is mainly devoted to the examination of the first two aspects above (see Program).
This subject is essential for students who want to approach legal professions, journalism or look for a job in public bodies, commercial companies or non profit entities.
The Course focuses the general principles of the administrative law, with a particular attention for the public administration organization.
The single formative aims are: the transmission of the essential concepts in addition to an adequate quantity of detailed and specific concepts relating to the various topics included in the Program, as follows, with the aim to allow, also with regard to learning results:
Adequate command of legal language in civil law and constitutional law.
Principles, concepts, general rules of constitutional law and civil law (e.g. democracy principle, autonomy principle, legality, law sources, subsidiarity – autonomy, liberty of contract, irrelevance of individual purposes, incorporation and limitation of responsibility, general rules of labor law, general rules concerning goods and private property).
Basic knowledge of European law relevance in the evolution of national set of rules (preponderance of European law, sources, jurisprudence of the Court, fundamental principles).
Medium level of critical and logic talent.
Being interested in the subject.
The course consists of 54 hours of basically frontal classes (9 CFU)
Following facilitations will be used by the teacher:
Every topic will be treated by giving a general framework of the topic itself, the explanation of general principles and the indication of the more relevant information at detail level.
The texts of mentioned laws and judgements passages are, as long as possible, projected by aulaweb and other websites.
The dissertation on each topic will include not only legal perspectives but also information aimed at avoiding confusion between the various aspects of the same topic (legal, political, social), critical analysis, examples and practical notices.
Legal nature of the set of rules of PA organization. Reasons and aims. PA position in Italian law. The PA activity aiming to care for the public interests. Principles to be granted through organization and to be observed in the practice of administration activities.
Administrative organization. The different subject involved in administrative functions. Structure and tasks: structure and tasks of administrative bodies, issues concerning recruitment of employees, subdivision of departments.
Relations between legal entities and their offices. Autonomy and loyal cooperation. Instrumentality and supervision. Independence. Direction and management. Line and staff relations. Directive offices. Delegation. Consultative activity and control activity.
Law sources of organization. General rules of organization. Tasks of the officer in charge for the administrative procedure, the URP, performance evaluation, control, corruption prevention.
Devolution and allocation of functions. Regional and local bodies. Functional autonomy.
Changes in administrative organization. Succession, settlement and denationalization of public companies.
Legal framework of public bodies. Administration (presidenza del consiglio, ministries, agencies, local government etc. ) independent authorities (Corte dei conti, Banca d’Italia, IVASS, Consob, Antitrust authority, Privacy authority, etc.), Regions and other local entities (città metropolitane, municipalities, etc.), conferences between Stat, regions and local bodies. Public companies, associations and foundations with involvement of public bodies. Private entities entitled to carry out public functions.
Various concepts with regard to public administration.
Human resources management inside PA. Differences between rules of private and public employment. Collective labor agreements. Job admission system. Rules of pursuit development in public bodies. Rules concerning directors pursuit in public bodies. Admission tenure, appointments, spoils system, rules concerning directors liability. Non tenured employees.
Resources of P.A. Corporeal and incorporeal properties. Public property. Devolution of national properties to regions and local bodies. Publica data-bases. Financial resources and general rules of public economy. Coordination of local and national finances. Government budget and planning. Management of economic resources.
Future developements of this part of administrative law
Text books and materials for students attending the classes.
G. Taccogna, La disciplina dell’organizzazione amministrativa, Cedam, Padova. A third release is coming up, with relavant updates to che second which was poublished in 2019. The students are asked to use the latest edition.
Other materials, related to innovative teaching methods, available in www.aulaweb.unige.it on the page of the course.
Inscription at the course in aulaweb is necessary for obtaining the materials and for communication on organizational matters.
Text book for students not attending the classes
Same as above.
The classes will be recorded and made avaliable thorugh the web
Office hours: Personal or on-line meetings, to be decided per e-mail or Teams according to the needs of each student
GEROLAMO TACCOGNA (President)
SILVIA BATTISTELLA (Substitute)
ARMANDO GIUFFRIDA (Substitute)
MATTEO TIMO (Substitute)
FABIO TIRIO (Substitute)
PIERA VIPIANA (Substitute)
According to department schedule
The date of the first lesson will be published in advance on aulaweb
The exam consists for every student (attendig or not attending the classes) in an oral exam. The exam usually includes three questions, unless particular needs emerge from the student’s answers.
The first question is normally open and allows a wide structured answer in order to evaluate the student’s competences with regard to his mindset organization and speech capabilities and not only with regard to his mnemonic capabilities to store detailed concepts.
The second and third questions can also include cases examination and generally concern more detailed topics.
The three questions regard different topics from the exam program.
A fourth question is posed in case of significant differences in the quality of the answers given in the first three questions or when the exam is lightly unsatisfactory.
During the exam the following aspects will be evaluated: