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CODE 103981
ACADEMIC YEAR 2024/2025
CREDITS
SCIENTIFIC DISCIPLINARY SECTOR IUS/10
LANGUAGE Italian
TEACHING LOCATION
  • LA SPEZIA
SEMESTER 1° Semester
PREREQUISITES
Propedeuticità in ingresso
Per sostenere l'esame di questo insegnamento è necessario aver sostenuto i seguenti esami:
TEACHING MATERIALS AULAWEB

OVERVIEW

The teaching offers a theoretical and practical framework on the following topics: notion and raison d'être of the procedure; its phases; the rules contained in the general regulations. Act and administrative proceeding: concept, essential and possible elements, classification. Effectiveness and validity of the administrative act.

The teaching is essential not only to access and operate within public administrations, but also within businesses and non-profit organisations, given the frequent relationships that exist between these organizations and public administrations.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to delve deeper into the issues of administrative law with particular regard to administrative procedures of interest within the company.

AIMS AND LEARNING OUTCOMES

The teaching of Administrative Law aims to offer an in-depth critical knowledge of administrative activity in its implementation (administrative proceedings) and in its possible manifestations (acts, provisions, silences), with also reference to liability profiles.
More specifically, the teaching offers students adequate knowledge on the principles and discipline of administrative activity with specific reference to the following topics:
- the notion of public administration;
- the notion and sources of administrative law;
- the regulation of administrative activity;
- the administrative relationship: subjective legal situations and administrative power;
- the principles and criteria regarding administrative activities;
- the administrative procedure and its phases: parties and subjects; the role played by the person responsible for the procedure; guarantees; the timing of completion and consequences of their non-compliance;
- administrative acts and provisions: concepts and characteristics; elements; effectiveness and execution;
- administrative regimes of private activities other than the express provision;
- control tools, including those on private economic activities;
- the defects of the administrative acts and the administrative and jurisdictional tools available to eliminate such defects;
- service conferences and silent consent between administrations;
- transparency and access.
Individual study, attendance and participation in the proposed training activities will allow the student to achieve the following learning outcomes:
- know, remember and apply the principles and legal institutions that regulate the activity of public administration;
- know, remember and apply the principles that regulate the exercise of administrative functions and activities with the institutions and the principles related to them;
- know and correctly use the legal discipline that regulates public administration resources (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 tools of administrative justice;
- express themselves in appropriate technical legal language, with the ability to read and critically examine, with autonomy of judgment, scientific articles and jurisdictional provisions relating to issues related to the subject of the teaching.

PREREQUISITES

A fruitful study of administrative law presupposes a good knowledge of constitutional law, the fundamental institutions of private law and a satisfactory mastery of technical-legal language.

TEACHING METHODS

The teaching consists of 36 hours of lessons in total (for a total of 6 ECTS) held by the teacher in person. Some in-depth lessons on specific topics are planned, which will preferably be carried out remotely.

Only attending students are also offered the opportunity to take an intermediate written test, which does not constitute an exemption, but whose positive result leads to the achievement of a score, which can be used, if the student declares it during the official exam, for the formation of the final grade. Attendance involves attendance at at least two thirds of the lessons and is calculated with reference to the entire cycle of 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 teaching are divided into the following parts:

PART I – Introductory notions
Administrative law and its normative sources. The notion of public administration. The subjective legal situations relevant in administrative law. The principle of separation of powers. The principles that govern the organization and action of the P.A.

PART II – Administrative activity in general
Administrative activity in general: notion and types of actions. The administrative procedure. The administrative act and the regulation of silences of the Public Administration. The pathologies of administrative acts and the remedies. Consensual administration: administrative agreements.

PART III – Profiles of responsibility, regulatory functions and public services
The responsibilities of the Public Administration, officials and public managers. The regulation functions. Public services.

RECOMMENDED READING/BIBLIOGRAPHY

In addition to the notes and any teaching material offered in class or via the aulaweb platform, knowledge of the following volume will constitute an integral and necessary part of passing the exam: 

A. CROSETTI, A. GIUFFRIDA, Lineamenti di diritto amministrativo, Giappichelli, Torino, 2022 (excluding chapters X, XI, XII, XIII, XXI, XXIII).

TEACHERS AND EXAM BOARD

Exam Board

ARMANDO GIUFFRIDA (President)

LESSONS

LESSONS START

The teaching takes place during the first semester and the related timetable can be consulted on the EasyAcademy portal

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

A) For attending students

The exam takes place in oral form and aims to verify the ability to delve deeper into and discuss the issues of public administration activity.

However, attending students have the right to take an intermediate written test on the part of the program communicated in class and also via aulaweb. If this test is passed positively, the oral exam will focus on the remaining part of the program.

The eligibility obtained in the intermediate test will remain valid up to and including the autumn session.

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 grade is awarded out of thirty. In order to take the test, the student is required to register online for the chosen ordinary session. It is strongly recommended that you cancel your registration if you decide not to take the exam.

B) For non-attending students

The exam takes place exclusively in oral form on the entire program, as indicated above.

ASSESSMENT METHODS

A) For attending students

The possible intermediate test consists of three open-ended questions.

During the oral exam during the official exam, 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 both to the memorization of specific notions, as for the organization of thought and the articulation of speech.

The object of evaluation is 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 actual understanding of the substance of what is exposed, the critical ability of the candidate as well as, where possible based on the topic, the ability to place the answers within the general principles of administrative law.

Based on the answer provided to the first question, the next two questions are then formulated, generally more limited and specific. The three questions cover different topics included in the exam program (intermediate or final).

The final grade is awarded out of thirty. In order to take the final exam, the student is required to register online for the chosen ordinary session. It is strongly recommended that you cancel your registration if you decide not to take the exam.

B) 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 a detailed response and the teacher to evaluate the candidate's learning with reference both to the memorization of specific notions and to the organization of thought and the articulation of speech.

The object of evaluation is 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 actual understanding of the substance of what is exposed, the critical ability of the candidate as well as, where possible based on the topic, the ability to place the answers within the general principles of administrative law.

Based on the answer provided to the first question, the next two questions are then formulated, generally more limited and specific. The three questions cover different topics included in the exam program (intermediate or final).

The final grade is awarded out of thirty. In order to take the final exam, the student is required to register online for the chosen ordinary session. It is strongly recommended that you cancel your registration if you decide not to take 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 

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