|SCIENTIFIC DISCIPLINARY SECTOR||IUS/21|
The lectures aim to offer a suitable knowledge of the main elements of administrative law in a comparative perspective, paying specific attention to: 1) administrative models in their historical evolution; 2) constitutional framework and sources of law; 3) administrative procedures; 4) complaints and judicial remedies against administrative decisions; 5) local administration, emergence of the multi-level government and formation of a European administrative law.
The course aims – in a comparative perspective – to provide the students with the basic knowledge of the sources of administrative law, the organisation and working of public administration, as well as the fundamental features of administrative judicial review and administrative courts (where existing), in the main administrative models of both contemporary States and European Union, paying particular attention to the evolution of such models in light of the development of multi-level governance. All in the prospect of providing the students with knowledge and skills useful to manage the connections between their national administrative structure and other administrative realities, interacting with it.
The lectures aim to:
Introduce the knowledge of the main models of administrative law, also in light of the recent changes caused by both the devolution processes and the integration ones, especially at the European level; introduce to the concept of multi-level government;
Deepen the knowledge of both constitutional and legislative principles and fundamental institutions of public administration, especially in liberal-democracies;
Approach to the knowledge of both the political elements and the control mechanisms that, through Parliament and Government, can condition organization and working of public administration;
Understand the mechanisms of control on public administration as well as the mechanisms of protection of citizens' rights and interests in their relationship with it; understand how such mechanisms work, paying particular attention to judicial review;
Deepen the understanding of the mechanisms of distribution of administrative powers in the framework of both federal and regional States, as well as in the framework of European integration development.
LEARNING OUTCOMES (in more detail):
After the lectures, the student should be able to:
Know and use accurately legal administrative language;
Develop skills of complementing each other the juridical and politicological approach in the study of the items in question, in order to develop a good ability of critical and multidimensional analysis;
Understand and retrace historical, socio-political and cultural reasons which drove the development of the different models of administrative law;
Discern the different political models of administrative law and describe their working, also employing, where needed, extra-juridical scientific concepts (politicological, historical, etc.);
Apply accurately comparative methodology in both the analysis and the critical evaluation of juridical institutions and organization patterns of public administration;
Retrace, explain and evaluate critically the real working of an administrative system, through critical analysis of juridical texts, documents and customs, as well as of every other historical and factual significant element;
Express thoroughly knowledge, opinions, problems and proposals, related to the discipline, to both expert speakers and not;
Possibly express reasoned and justified proposals of institutional, legislative and organizational reforms, in the light of both the knowledge and the comparative methodology he/she acquired.
To deal effectively with the contents of the discipline, it's necessary to know the basic foundations of national and European public law (both constitutional and administrative) and public administration theory.
It could be so useful (although there isn't any legal obligation in that sense) to have already passed or to study simultaneously for the exams of "Principles of Public Law/Istituzioni di Diritto Pubblico", "Administrative Law/Diritto Amministrativo", "EU Law/Diritto dell'Unione Europea" and "Public Administration/Scienza dell'Amministrazione".
The course is 36 hours long and gives 6 CFU.
Lectures will be taught by blended teaching (i.e. teaching in presence with contemporary broadcasting of the lecture through TEAMS platform). In every case, AulaWeb platform is going to be used to support educational purposes.
Lectures in presence are going to be taught in the "Albergo dei Poveri" educational centre; the scheduled time of the lectures will be published as soos as possible. Lectures in streaming are going to be taught through TEAMS platform, on the team "Prof Aristide Canepa 2023/24" (password 8f83etf ), channel Diritto Amministrativo Europeo e Comparato. The teacher will either record the lectures or not, according to the form of teaching that will be finally imposed by the circumstances. In every case, the teacher is going to upload the possible recordings to TEAMS platform and the teaching materials to AulaWeb platform, on the channel devoted to the course, in order to guarantee the availability of the course also to students who, for any reason, weren't able to take part in class lectures nor to log on the lectures in streaming.
Teaching will be based mainly on lectures, possibly complemented by slides and/or other teaching media, but it can also involve seminars and students' guided research activities, with public exposition of the outcomes.
The professor could also look after providing or recommending (either during the lectures or through Aulaweb) readings and studies (in foreign languages, too), useful to the preparation of the following lectures.
External lectures, speeches and congresses related to the discipline could be considered as part of the course. In this case, the professor will inform the students about them, during the lectures and through AulaWeb.
For such reasons, students are heartily recommended to register themselves in the course page on AulaWeb platform. Such a page is going to be the official channel of communication between teacher and students, and all the informations on the course (including possible changes in the way the course will be taught) will be uploaded there.
The teacher is also the Department contact person for students with handicaps and/or learning disorders. Students in a certificated condition of handicap or learning disorder are warmly encouraged to contact him, at the beginning of the course, in order to agree teaching and exam methods that, still respecting the course aims, take into account the individual learning needs and offer adequate compensatory instruments.
The lectures deal with the main items of administrative law in a comparative perspective, paying specific attention to:
1) administrative law models in their historical evolution;
2) how the political regime and the system of government condition administrative law models;
3) constitutional framework and sources of law;
4) administrative procedures;
5) systems of parliamentary control on public administration;
6) systems of internal control and administrative remedies against administrative decisions;
7) forms of judicial review of administrative decisions;
8) patterns of organization of the local administration, emergence of the multi-level governance and formation of a European administrative law.
The course contributes towards the achievement of the Sustainable Development Goals nn. 4 and 16 of the UN 2030 Agenda.
In addition to the lecture notes and to the materials the professor will provide through AulaWeb, the following volumes are recommended:
- D'ALBERTI Marco, Diritto amministrativo comparato, Il Mulino, Bologna, 2019; e
- GALETTA Diana-Urania (a cura di), Diritto amministrativo nell'Unione europea, Giappichelli, Torino, 2020.
Erasmus students who would make the exam in Spanish can either prepare it through aforesaid volumes or replace them by the following volumes:
- PAREJO ALFONSO Luciano, VAQUER CABALLERÍA Marcos (dirr.), Estudios sobre el procedimiento administrativo. I. Derecho Comparado, editorial Tirant lo Blanch, 2018; and
- FUENTETAJA PASTOR Jesús Ángel, Derecho Administrativo Europeo, editorial Civitas, cuarta ed., 2020 (only first and second part, i.e. "El Derecho Administrativo Europeo" and "La Administracion Europea").
The above-mentioned volumes are recommended as reference texts, but the students are also allowed to use other university texts of comparative and/or European administrative law, provided that such texts encompass the whole specified programme and have been published in the last 10 years.
During the course, other readings could be pointed out for foreign students and/or for people interested in deepening the items in question.
Office hours: From September 21st, 2023, prof. Canepa will carry out his walk-in hours in a blended way, it's to say both in presence and online, at the same time. Students in presence will be welcomed in prof. Canepa's office (at DISPI, room III.049, central tower, floor 3B). Online, students may log on through the new TEAMS platform, "Prof Aristide Canepa 2023/24" (password 8f83etf , channel Ricevimento). Possible provisional changes in the scheduled time will be made known on the chat of the same team. Moreover, prof. Canepa receives by appointment and can be contacted either before and after the lectures or by e-mail (firstname.lastname@example.org).
ARISTIDE CANEPA (President)
MARIA ANGELA ORLANDI (Substitute)
Teaching activities will occur during the second term. Scheduled time for lectures will be provided as soon as possible.
All class schedules are posted on the EasyAcademy portal.
The exam will be oral and in Italian but, upon justified request in peculiar cases, it could be written.
Students of Erasmus programme (or other similar programmes scheduling only a temporary stay) are allowed, on request, to sit the exam in other languages (English, French, Spanish and Portuguese are available).
During the exam, at least three items related to the discipline will be debated, starting from more general concepts to reach then an higher degree of detail. In case of written exam, it will consist in three open questions at different degrees of detail.
The examination board is appointed by the Department Council and, except in the case of hindrance, chaired by the professor in charge of the course.
The exams will be in person.
First of all, the student should demonstrate: the knowledge of the course topics, an accurate use of the language, a suitable order in the presentation of the subjects, competence in the technical language, juridical, politicological and historical.
A preferential evaluation will be conferred to the following skills: the ability to re-elaborate in a critical way the acquired information and the concerned topics; the accurate implementation of the comparative methodology; the ability to analyse critically juridical texts, documents and customs, as well as every other historical and factual element significant in the real working of an administrative system; the possible expression of personal considerations, duly reasoned and justified, according to the acquired data and comparative methodology.
Channel for online lectures: team "Prof Aristide Canepa 2023/24" (password 8f83etf ), channel Diritto Amministrativo Europeo e Comparato