Drafting and construing public records

A.Y. 2019/2020
12
Max ECTS
84
Overall hours
SSD
IUS/10
Language
Italian
Learning objectives
The aims of the course are, on the one hand, to deepen the institutional framework of administrative acts and, on the other hand, to study the modalities of drafting such acts.
The course will therefore use two sets of learning and teaching modes. On the one hand, a complete cycle of lessons examines the essential aspects of administrative activity, its historical origins and concrete meaning though a combination of cases and example. On the other hand, exercises in class will cover specific topics previously examined.
The lessons require the student to develop the ability to listen, care, understanding and analysis of the topics. Exercises, on the other hand, require personal work.
Expected learning outcomes
At the end of the course, the student must demonstrate that he has acquired a thorough knowledge of the characteristics of the administrative acts with particular regard to the provisions of the public administration and the legal problems that are connected with it,, as well as the basic reasons of the various institutes. Furthermore, it is necessary to demonstrate the ability to apply the notions learned to concrete cases in which the public administration is supposed to issue various kinds of measures (refusals of consent, sanctions, etc.). It is also necessary that the student should be able to formulate personal opinions with reference to the topics covered by the course, supporting them on the basis of logical and legal arguments, and to be able to draw up the text of an administrative provision. Furthermore, the student must demonstrate his ability to express the notions acquired with property of language, argumentative coherence and systematic rigor.
Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Course syllabus
The following topics will be examined and developed:
First module:
The different types of administrative acts: regulations, general acts, administrative measures, agreements between administrative authorities and private parties
The centrality of administrative measures as instrument of administrative activity.
The elements of the administrative measure
The reasons for the administrative measure
vices and voidability of the administrative measure
The rule of law and in particular the "eccesso di potere"
Second module :
The general principles governing the drafting of measures
Language rules for drafting measures
The structure of the measure
Prerequisites for admission
Students must have passed the exams of constitutional law, private law and administrative law.
Teaching methods
The aims of the course are, on the one hand, to deepen the institutional framework of administrative acts and, on the other hand, to study the modalities of drafting such acts.
The course will therefore use two sets of learning and teaching modes. On the one hand, a complete cycle of lessons examines the essential aspects of administrative activity, its historical origins and concrete meaning though a combination of cases and example. On the other hand, exercises in class will cover specific topics previously examined.
The lessons require the student to develop the ability to listen, care, understanding and analysis of the topics. Exercises, on the other hand, require personal work.

The course will examine the drafting and interpretation of administrative measures. This is partly theoretical-systematic and partly descriptive-practical.
Full knowledge of the principles of administrative activity is essential for this class.
Teaching Resources
Students will be expected to be familiar with the details of the relevant legislation (free available in databases via the Law Library web pages or even in published paper collections)
The text books are a valid aid in understanding
Lectures will be carried out with the active participation of students, which will therefore study and learn day by day the topics during the lessons
Teaching materials are available on the course website in the educational portal Ariel (ariel.unimi.it) always updated with any change in classes schedule.
Foe attending and non attending students, the recommended text books are:

Guida alla redazione degli atti amministrativi. Regole e suggerimenti, a cura Istituto di teoria e tecniche dell'informazione giuridica e Accademia della Crusca: http://www.ittig.cnr.it/Ricerca/Testi/GuidaAttiAmministrativi.pdf

Riccardo Villata - Margherita Ramajoli, Il provvedimento amministrativo. Giappichelli, second edition, 2017, p. 1-316 and p.373-619.
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. The assessment will take into account the correctness of the contents, the argumentative clarity and the capacity for critical analysis and reworking, as well as the expertise acquired in the drafting of administrative acts.
IUS/10 - ADMINISTRATIVE LAW - University credits: 12
Lessons: 84 hours