AIMS AND CONTENT

LEARNING OUTCOMES

General order of administrative justice. The trial of first instance before the TAR, the appeal to the Council of State and other pleas, the judgement of compliance. The public administration in the trial before the ordinary courts. Introduction to the jurisdiction and lawsuit of the Court of Auditors and the Court of Governors of the Waters. Public Adminitration and arbitration.

TEACHING METHODS

Lectures: Examination of recent judicial rulings together with the students. Presentation of real cases to the students, who will be involved in finding solutions.

For attending students only, an intermediate test will be conducted during the course, consisting of solving several exercises based on the syllabus. Although passing this test does not exempt students from the final exam, it grants a score that can be used—if the student so wishes—towards the final grade during the official exam. Attendance requires presence at at least two-thirds of the lessons and is calculated with reference to the entire course.

Classes will be held in person, remotely, or in a blended format depending on the evolution of the pandemic and the decisions made by the University (students are advised to monitor the University website and the Aulaweb page of the course).

SYLLABUS/CONTENT

PART ONE (ADMINISTRATIVE ACTIVITY)

• Administrative procedure

• Administrative acts and conduct

• Consensual administration

• Liability of the public administration and its officials

• Regulatory functions

• Public services

PART TWO (ADMINISTRATIVE JUSTICE)

• The administrative justice system

• Administrative jurisdiction

• Legal actions

• Interim measures, investigation, and decision

• The judgment and enforcement proceedings

• Special procedures

• Appeals

• Administrative appeals

RECOMMENDED READING/BIBLIOGRAPHY

Recommended textbooks:

A) For the section on administrative activity: P. M. VIPIANA, L'attività amministrativa ed i regimi amministrativi delle attviità private, Cedam Wolters Kluwer, 2017;

B) For the section on administrative justice: P. M. VIPIANA - V. FANTI - M. TRIMARCHI, Manuale di giustizia amministrativa, Cedam Wolters Kluwer, II edizione, 2024.

The textbooks listed above for exam preparation are to be considered as recommended material and can therefore be substituted with other university-level texts, provided they cover the same topics with equivalent depth.

Non-attending students must complete their exam preparation using the following textbooks:

- P. M. Vipiana, Considerazioni in tema di interessi sensibili, in Diritto e processo amministrativo, 2019, 1, pp. 155 ss.;

- P. M. Vipiana, Venire contra factum proprium in tema di giurisdizione: il nodo della soccombenza, Nota a Corte di Cassazione, Sezioni Unite civili, 20 ottobre 2016, n. 21260, in Giurisprudenza italiana, 2017;

- M. Timo, Algoritmo e potere amministrativo, in Il diritto dell'economia, 2020, anno 66, n. 101 (1 2020), pp. 753 ss. 

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

II semester February 2026

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is conducted orally and aims to assess the ability to analyze and argue topics related to public administration activities and the administrative justice system.

ASSESSMENT METHODS

Several open-ended questions requiring reasoned answers will be asked on each part of the course.

Assessment criteria:

1. Appropriateness of the legal terminology used;

2. Consistency of the answers with the educational objectives and learning outcomes.

Students with a valid disability certification or diagnosed specific learning disorders (SLD) may request to use compensatory measures during the exams (e.g., extra time, concept maps, modifications to the written/oral format) by following the procedure outlined in the guidelines (p. 5) published. For further information, students can contact the Department’s faculty advisor at: Isa.Fanlo@unige.it