The aim of the course is to help the students achieve: - the full mastery of the topics dealt with in class and illustrated in the manual and in the supporting teaching materials; - the ability to critically address and to independently resolve legal questions through the reworking of the notions learned; - the improvement of the necessary technical-legal language; - the ability to coordinate and link, in a systematic way, the different institutes that have been studied, in order to elaborate useful proposals for the solution of concrete cases, also through lessons of case studies conducted with the active participation of the students.
Expected learning outcomes
At the end of the course the student, who has profitably learned the subject, will have an in-depth knowledge of the main rules and general institutes relating to administrative law; the student will also have acquired a method of reasoning that will allow him/her to deal with specific legal issues and interpretation and application problems inherent to the subject studied.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
Introduction to the course - the founding principles of administrative law - the sources of European administrative law - the relationship between European and Italian sources and the implications for national administrative law - the organisational models of the public administration - the subjective figures of the public administration - the ministerial apparatus - the independent administrations - the territorial public bodies and the different levels of government - the public body and the public enterprise - the offices and bodies - the principles of organisation of the administrative apparatus - the authoritative activity of the public administration - the administrative power - the position of the citizen in relation to the administrative authority: the legitimate interest - the distinction between legitimate interest and subjective law - the arrangements governing the exercise of administrative power - introduction to the administrative procedure - the procedural stages of the administrative procedure and the principles of administrative activity - the procedural initiative - participation and adversarial proceedings in the administrative procedure - the procedural investigation - the conference of services - the decision-making stage of the procedure - the administrative act - the procedural arrangements - the silence of the public administration - the certified notification of commencement of activity - the administrative procedures at second instance - the influence of European administrative law on the main institutions provided for by national administrative law, in particular on the concept of administrative power and the manner in which that power is exercised - flaws in the administrative act - the voidness of the administrative act - flaws in the lawfulness of the administrative act - the contractual activity of the public administration - public services - the liability of the public administration - basic notions concerning the system of administrative justice.
Prerequisites for admission
The preliminary activities are defined according to the didactic regulations of the degree course. In any case, knowledge of the fundamental notions of constitutional law and private law is demanded.
Teaching is provided through lectures, in which, however, the active participation of participants is promoted in order to discuss problems and practical cases. This teaching method will enable students to acquire and hone their skills in the critical reworking and practical application of the legal concepts presented by the teacher. The use of e-learning teaching materials on the Ariel platform is no planned. Course attendance, although strongly recommended, is not compulsory.
For those attending the teaching and examination program will be agreed and defined in detail during the lessons. All students, whether attending or not, are required to study an updated manual of administrative law, at the student's choice, and the rules mentioned therein. We recommend the use of the following manual: G. Greco insieme a M. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo, Vol. I, parte generale, Giuffrè editore, Milano, ultima edizione.
Assessment methods and Criteria
The exam is an oral interview focusing on the entire course curriculum; the final judgement is expressed in thirtieth on the basis of the answers given by the student to the questions asked by the examiner. The exam is designed to verify, in addition to the knowledge of the topics dealt with in the lessons and in the manuals adopted, the student's ability to deal with and solve, in an autonomous way, legal issues through the critical reworking of the notions acquired and, in the event of participation in the lessons, the understanding and ability to evaluate the cases dealt with. There are no intermediate written or oral tests.