|SCIENTIFIC DISCIPLINARY SECTOR||IUS/10|
|MODULES||This unit is a module of:|
The course aims to ensure, alongside the basic theoretical knowledge of general administrative law, the learning of the fundamental notions of urban planning law, building legislation and public works.
Individual study, attendance at lessons and participation in the proposed training activities will allow the student to achieve the following learning outcomes:
- understand and remember the structure of the sources of Italian law, the essential elements and characteristics of the administrative provision, the phases of the administrative procedure, as well as, in particular, the fundamental institutes of urban planning, building titles and regimes and the procedure relating to public Works;
- know the legal institutions mentioned above and the related principles;
- identify and apply the main reference standards, starting from the analysis of concrete problems;
- read and examine, even with independent judgement, the legal rules and jurisdictional provisions relating to issues related to the subject of teaching;
- express themselves in appropriate technical-juridical language.
The teaching consists of a total of 40 hours, to be carried out in frontal lessons. In-depth seminar lessons on specific topics are envisaged, to be held preferably remotely, with optional attendance.
The frontal lessons concern the topics indicated in the teaching programme, with an examination of the sector legislation and certain applicable jurisdictional provisions.
All the teaching material viewed in class is made available to students on the AulaWeb page specifically dedicated to the course.
Only attending students are also offered the possibility of carrying out, during the course, an intermediate written test, which does not have an exemption value, but whose positive outcome leads to the achievement of a score, which can be used, if the student declares it during the exam official, for the formation of the final grade. Attendance means attendance at at least two thirds of the lessons and is calculated with reference to the entire course of the lessons.
Further information relating to the progress of the intermediate test or the final exam will eventually be provided to students in class and, in this case, published on the AulaWeb page dedicated to the course.
The teaching contents are covered in the following Parts:
PART I - Introductory notions of administrative law: this part of the programme, preliminary to the study of urban planning law and public works, deals with the following topics: the system of sources of Italian law and the criteria for resolving antinomies; the division of legislative powers and administrative powers; the fundamental features of the state discipline of the administrative procedure; the notions of deed, administrative provision, administrative agreement and silences of the Public Administration; the essential profiles of responsibility and sanctions in administrative law
PART II - Urban planning, building and public works law: this part of the programme, after examining the evolutionary profiles underlying the current regulatory framework, pays particular attention to the following topics: the constitutional regime of private property and territorial governance; relations with related disciplines (in particular, regarding expropriation for public utility and cultural and landscape assets); planning in town planning law and regional legislation; the regulation of building regimes in the current consolidated text (Presidential Decree 380/2001), including building permits, simplification, liberalization and sanctioning instruments; the fundamental features of the legislation of public works, with the institutes connected to the planning, design and construction of public works.
For attending students:
- D. De Pretis - A. Simonati, Diritto urbanistico e delle opere pubbliche, Turin, latest edition, limited to the parts indicated in class and published on Aulaweb;
- A. Giuffrida, Il centro storico nell'elaborazione del diritto urbanistico, in Consulta on line, 2022, fasc. special no. 1.
- Notes taken in class and additional teaching material provided by the teacher.
For non-attending students:
- D. De Pretis - A. Simonati, Diritto urbanistico e delle opere pubbliche, Turin, latest edition;
- A. Giuffrida, The historic center in the elaboration of urban planning law, in Consulta on line, 2022, fasc. special no. 1.
For an understanding of the essential institutes of administrative law, the study of the volume A. Crosetti, A. Giuffrida, Lineamenti di diritto amministrativo, Giappichelli, Turin, 2022 is recommended.
The timetables of all courses can be consulted on EasyAcademy.
All class schedules are posted on the EasyAcademy portal.
For attending students:
The exam is in written form.
During the course, attending students have the right to take an intermediate written test, concerning the initial part of the program, within the limits of the topics indicated by the teacher in class and published on Aulaweb. The eligibility obtained in the intermediate test is valid until the end of the calendar year, therefore until the autumn session included.
If the student prefers not to take the intermediate test or does not pass it, the final oral exam will cover the entire program.
The final mark is given out of thirty. In order to sit the test, the student is required to register online for the chosen ordinary exam session. It is strongly recommended to cancel the registration, in case of renunciation to appear for the exam.
For non-attending students:
The exam takes place exclusively in oral form on the entire program, as indicated above.
Both the intermediate test and the official exam consist of three questions with open and articulated answers, in order to allow the teacher to evaluate the candidate's learning with regard to the memorization of precise notions, the organization of thought and the articulation of the speech.
In general, the following are evaluated: correctness of presentation; the use of the basic lexicon of legal sciences; the ability to describe and contextualize the institutes studied. The evaluation criteria also include: the completeness of the topics covered; the overall construction of the response; 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 capacity of the candidate; the ability to place the answers within the general principles of administrative law.
The final mark is given out of thirty. In order to take the final exam, the student is required to register online for the chosen ordinary exam session. It is strongly recommended to cancel the registration, in case of renunciation to appear for the exam.