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.
The course aims to provide an in-depth and critical understanding of the Italian system of administrative justice.
Through individual study, class attendance, and participation in the proposed learning activities, students will be able to:
Describe the main legal provisions governing judicial protection, listing the related institutions and principles;
Identify and apply the key legal rules by analyzing real-life issues that may arise before the administrative judge;
Critically examine, with independent judgment, scholarly articles in the field of administrative law, as well as judicial decisions from lower courts, higher courts, and the Constitutional Court concerning matters related to the course content;
Express themselves using appropriate legal terminology: develop the ability to communicate effectively, both in writing and orally, on procedural and substantive aspects of administrative law; adapt communication to the relevant context (legal scholarship, case law, public administration); and use a variety of sources and tools, including the most common legal databases used in administrative law practice.
Lectures: Examination of recent judicial rulings together with the students. Presentation of real cases to the students, who will be involved in finding solutions.
Classes will be held in person.
Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs are invited to contact the teacher and the Department's disability liaison officer at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles.
The course aims to cover the following topics, divided into two parts: one concerning administrative activity and the other concerning administrative justice.
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 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.
Ricevimento: Before the beginnig or after the end of every lesson or by appointment by sending an email to matteo.timo@unige.it
II semester February 2026
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.
In the case of a very high number of enrolled students, the oral exam will be preceded by a written test.
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.
Several open-ended questions requiring reasoned answers will be asked on each part of the course.
Assessment criteria:
Appropriateness of the legal terminology used;
Consistency of the answers with the educational objectives and learning outcomes.
Students having a valid certification of disability or Specific Learning Disorders (DSA) may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it
Additional information may be requested from the professor.
