OVERVIEW

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.

AIMS AND CONTENT

LEARNING OUTCOMES

The Course focuses the general principles of the administrative law, with a particular attention for the public administration organization.

AIMS AND LEARNING OUTCOMES

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:

• To know, understand and remember the fundamental rules and principles on which the whole subject is based;
• To know, understand and remember the organization and operating rules of public entities, also with regard to the employment of the necessary material and immaterial human resources;
• To classify (to frame), understand and remember the real grounds of such rules, in connection with the principles lying behind;
• To know and remember the recent historical evolution of the topics above;
• To consciously orient themselves, in theory and practice, within the organization and operation of administrative organization;
• To perceive, identify , understand and evaluate the critical aspects of the relevant rules and application tendencies, also by learning to identify and to deal with the related problems.
• To identify, and evaluate the complexity of legal materials and the actual enunciation of the command, being able to recognize statutory law, case law, opinions of the doctrine, and also by seizing (beyond a merely positivistic approach) the relations and overlaps of such issues at a given moment and in its diachronic development;
• To learn and seize the potential of statutory law beyond their historical and literal meanings in the frame of systematic, finalistic and evolutionary interpretations;
• To put critically and effectively into connection the learnt information with day by day experience and the news from media, by learning in such process to match theory, law and practice;
• To acquire the necessary  technical language, as different form vernacular, journalistic language and to properly use a legal language;
• To learn to formulate (enunciate) a critical and detailed presentation of the various topics, including principles, details and  practical repercussions with an adequate command of language;

PREREQUISITES

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.

TEACHING METHODS

The course consists of 54 hours of basically frontal classes (9 CFU)

Following facilitations will be used by the teacher:

• Slides show projection,
• Opportunity to be involved in the classes by using digital interaction sources.

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.

SYLLABUS/CONTENT

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

RECOMMENDED READING/BIBLIOGRAPHY

Text books  and materials for students attending the classes.

G. Taccogna, La disciplina dell’organizzazione amministrativa, Cedam, Padova, 2024 (pages 1-446). 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.

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TEACHERS AND EXAM BOARD

Exam Board

GEROLAMO TACCOGNA (President)

GIOVANNI ACQUARONE

SILVIA BATTISTELLA (Substitute)

ARMANDO GIUFFRIDA (Substitute)

FEDERICO SMERCHINICH (Substitute)

MATTEO TIMO (Substitute)

FABIO TIRIO (Substitute)

PIERA VIPIANA (Substitute)

LESSONS

LESSONS START

According to department schedule

The date of the first lesson will be published in advance on aulaweb

Class schedule

ADMINISTRATIVE LAW A

EXAMS

EXAM DESCRIPTION

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.

ASSESSMENT METHODS

During the exam the following aspects will be evaluated:

• The overall structure of the answer;
• The order in sequence of concepts
• The balance between principles, details and practical observations;
• The thoroughness of the answer;
• The potential connection between different topics;
• The actual comprehension of the treated themes;
• The candidate critical capability also with regard to the competence to contextualize the answer in the correct law frame.
• The use of technical language.