AIMS AND LEARNING OUTCOMES

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.

TEACHING METHODS

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.

SYLLABUS/CONTENT

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.

RECOMMENDED READING/BIBLIOGRAPHY

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.