OVERVIEW

According to the didactic program published in the Study Manifesto of the S.L.I.P.A. course, the teaching offers a theoretical and practical framework on the following topics: "Organization of public administration including that relating to regions and local authorities; regulatory and management functions; administrative procedure; administrative acts; administrative justice". Teaching is essential for accessing and operating within Public Administrations, but also within businesses and non-profit organizations, given the frequent relationships between these organizations and Public Administrations.

AIMS AND CONTENT

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.

Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it.

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

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).

TEACHERS AND EXAM BOARD

Exam Board

ARMANDO GIUFFRIDA (President)

GEROLAMO TACCOGNA

LUCA BALDINI (Substitute)

SILVIA BATTISTELLA (Substitute)

GIOVANNI BOTTO (Substitute)

MASSIMO RUARO (Substitute)

MATTEO TIMO (Substitute)

LESSONS

LESSONS START

The teaching will take place during the second semester. The timetable of all courses can be consulted on EasyAcademy.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

For attending students:
The exam is oral. During the course, attending students will have the right to take an intermediate written test, limited to knowledge of Part I of the program dedicated to introductory notions and administrative organization in general. If this test is successfully passed, the oral exam will focus on the remaining part of the program (Part II: Administrative activity and the elements of administrative justice).

The eligibility obtained in the intermediate test will remain valid 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.

ASSESSMENT METHODS

For attending students

The intermediate test, if any, consists of three open-ended questions.

During the oral exam during the official appeal, the first question is generally broad in scope, so as to allow the student to present a detailed answer and the teacher to evaluate the candidate's learning with reference to both the memorization of precise notions, as regards the organization of thought and the articulation of speech.

The completeness of the topics covered, the overall construction of the answer, the order in the sequence of concepts, any connections established between different topics covered in the course, the effective understanding of the substance of what is exposed, the critical capacity are evaluated. of the candidate as well as, where possible according to the topic, the ability to place the answers within the general principles of administrative law.

On the basis of the answer provided to the first question, the following two questions are then formulated, generally more circumscribed and specific. Overall, the three questions cover different topics included in the exam program (intermediate or final).

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.

For non-attending students

During the official oral exam, the first question is generally broad in scope, so as to allow the student to present an articulated answer and the teacher to evaluate the candidate's learning with reference both to the memorization of precise notions, and to the organization of thought and the articulation of speech.

The completeness of the topics covered, the overall construction of the answer, the order in the sequence of concepts, any connections established between different topics covered in the course, the effective understanding of the substance of what is exposed, the critical capacity are evaluated. of the candidate as well as, where possible according to the topic, the ability to place the answers within the general principles of administrative law.

On the basis of the answer provided to the first question, the following two questions are then formulated, generally more circumscribed and specific. Overall, the three questions cover different topics included in the exam program (intermediate or final).

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.

Students with a disability or SLD certification

Students with a disability or SLD certification may request the use of compensatory measures (e.g. additional time, concept maps and diagrams, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines (p. 5) published qui 

Exam schedule