Administrative law

A.Y. 2019/2020
9
Max ECTS
63
Overall hours
SSD
IUS/10
Language
Italian
Learning objectives
The course is aimed at examining the general part of Italian Administrative law, taking into account some recent developments.
At the end of the course, having a basic knowledge of the institutions of Administrative law, the student will be able to outline the functioning of the public administration, as well as the relevant organizational aspects. On this basis, the student will be able to critically and autonomously evaluate the main regulatory provisions, framing the relevant legal concepts within the national and supranational level, also from a historical perspective and by means of a pertinent technical-legal language.
Expected learning outcomes
At the end of the course, the student who has successfully learned the subject will have a thorough knowledge of the topics of the course, with the acquisition of a method of reasoning suitable for dealing with more specific and complex legal issues than the institutional notions of the area.
Course syllabus and organization

Cognomi A-D

Lesson period
Second semester
Course syllabus
Introduction to the Course. Administrative Authorities: tasks and tools. Administrative law sources. Europe law sources and Italian law sources relation. Principles of administrative law: the rule of law, impartiality and good course of Public Administration. Models of Administrative Authorities. Public bodies. Independent Authorities. Regulatory Authorities. The administrative powers and the individuals. The activity through administrative power. The discretionary power and the technical evaluations. The administrative procedure: principles and phases. Participation. The right of access to administrative documents. Agreements between administrative authorities and private parties. The tools for simplification and liberalization. The administrative measures. The duty to give reasons. The voidability of administrative measures. The vices of the administrative measures. Second instant measures: annulment and revocation. The liability of Public Administration: contractual, pre-contractual and non-contractual. Public contracts. Elements of review of administrative activity: non judicial and judicial protection.
Prerequisites for admission
Students must have passed the exams of constitutional law and private law.
Teaching methods
In addition to lectures, reading materials (such as pp presentations, cases and articles) will be uploaded on the learning platform of Ariel (ariel.unimi.it) for attending students who are asked for active participation in class.
Intermediate test will also be provided only for attending students.
Teaching Resources
G. Greco with M. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo, Vol. I, p.te generale, Lezioni, Giuffrè, Milano, 3° ed., 2017 (till p. 407)

Otherwise

M. Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, 4° ed., 2019

Students enrolled with the previous degree course must study judicial administrative proceeding. The suggested textbook is A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, 2019
Assessment methods and Criteria
The final exam will be held in oral form and the assessment is expressed in grades with a final maximum grade of 30/30, and possible praise. During the interview the student must show basic knowledge of administrative law and the assessment will consider the argumentative clarity and the capacity for critical analysis and reworking.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours

Cognomi E-N

Lesson period
Second semester
Course syllabus
The first part of the course will be devoted to the study of the general principles concerning the development of the Public Sector and the organization of its administrative bodies, focusing on the legal protection of individuals dealing with the Public Administration.
The second part of the course will offer a thorough explanation of the procedural rules set out in Law no. 241/1990 regarding administrative action, as well as of the consequences of an administrative decision's invalidity. This module will also examine more specific branches of Italian Administrative Law such as, inter alia, public services, administrative contracts and public tenders, briefly sketching the basics of judicial protection before Italian Administrative Courts.
Prerequisites for admission
Preparatory courses of the first and second year.
Teaching methods
Lectures
Teaching Resources
G. Greco insieme a M. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo, Vol. 1, Giuffrè, Milano, latest available edition (up to p. 408, with the exclusion of the chapter concerning administrative justice).

Students enrolled in the old four-year programme must include the Administrative Justice in their studies. To this end, the following textbook is recommended:
- A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest available edition.
Assessment methods and Criteria
The examination will be held orally.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours

Cognomi O-Z

Responsible
Lesson period
Second semester
Course syllabus
The lectures will focus especially on the following topics:
· Administrative law's sources
· General principles governing administrative action
· The organizational structure of the Italian public administration and its governing principles
· Administrative activity: notion and categories
· Administrative acts
· Administrative procedure
· Private law activity of public administrations: private autonomy; contracts and tender procedures; public services.
· Civil liability of public administrations: contractual liability and non-contractual liability
· Transparency and right of access to documents of the public administration
· Rights and Remedies
The final exam will take place in the form of an oral examination which will aim at assessing the knowledge and understanding of the subject, as well as the ability to communicate. In addition to knowledge of the basics of the subject, the ability to address and critically resolve legal issues through the reworking of acquired knowledge will be assessed. It will also be required to demonstrate an autonomous understanding in the field of study, in particular through the analysis of legal texts and case law that must be read and commented on during the oral examination.
Prerequisites for admission
Preparatory courses of the first and second year.
Teaching methods
Lectures
Teaching Resources
TEXTBOOKS (FOR THE FINAL EXAMINATION)
In addition to the indispensable first-hand knowledge of the relevant legal texts (available either on-line in the databases of the OPAC (Online Public Access Catalogue), or in the various administrative laws' codes sold on the market), both students attending and students non-attending the course shall use the following textbooks:

1) G. GRECO (Ed.), Argomenti di diritto amministrativo - vol. I, parte generale - Lezioni, Giuffrè, Milan, 2017 (*)
2) D.U. GALETTA (Ed.), Diritto amministrativo europeo: argomenti e materiali, Giappichelli, Turin, 2014 (3 chapters chosen by the student)

Or, as an alternative only to the first textbook (*):
A) E. CASETTA, Manuale di Diritto amministrativo, Giuffré, Milan, latest edition.
Assessment methods and Criteria
The final exam will take place in the form of an oral examination which will aim at assessing the knowledge and understanding of the subject, as well as the ability to communicate. In addition to knowledge of the basics of the subject, the ability to address and critically resolve legal issues through the reworking of acquired knowledge will be assessed. It will also be required to demonstrate an autonomous understanding in the field of study, in particular through the analysis of legal texts and case law that must be read and commented on during the oral examination.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor(s)
Reception:
Please write an e-mail: dianaurania.galetta@unimi.it
Department of National and Supranational Public Law - Via Festa del Perdono 7