Administrative justice

A.Y. 2020/2021
9
Max ECTS
63
Overall hours
SSD
IUS/10
Language
Italian
Learning objectives
The learning objective of the course is developing knowledge about the fundamentals of the administrative justice system, considering its most complex and debated issues.
This objective shall be pursued by presenting the characteristics of the protection of individuals, social groups and undertakings in front of public authorities and by explaining the judicial review of administrative action in its historical, normative and concrete implementation.
The analysis of the legal instruments and remedies, as applied by the jurisprudence and in the constitutional framework, will allow students to acquire a method of reasoning suitable to face specific and complex legal issues.
Expected learning outcomes
In accordance with the Dublin descriptors, the course aims to provide students with the knowledge of the fundamentals of administrative justice, its debated issues and its underlying reasons.
Lessons will be based on normative texts, jurisprudence and doctrinal articles. Students are required to develop skills in listening, paying attention, comprehend and analyse the contents of the lessons and of the course, developing a critical approach.
Students should be able to formulate personal opinions, supporting them with logical and legal arguments.
Moreover, students should be able to express the acquired notions with property of language, argumentative coherence and systematic rigour.
Finally, students must prove knowledge of single institutions in the Italian and supranational framework.
Course syllabus and organization

Surname A-C

Responsible
Lesson period
First semester
Considering the ongoing health emergency and its evolution, lessons will be taught through the Microsoft Team platform. Lessons will be in synchronous mode and the scheduled time will be maintained. Furthermore, lessons will be recorded and made available on the University online didactic portal Ariel (ariel.unimi.it)
Course syllabus
- Historical evolution of Italian system
- Constitutional and UE principles about administrative action review
- Citizens protection in civil justice
- The administrative judicial review and its proceeding.
- Individual Rights in administrative action
- Administrative remedies
- ADR
Prerequisites for admission
According to the didactic regulation, it is a prerequisite to pass and register the exams of Private Law, Constitutional Law, Civil Procedural Law and Administrative Law
Teaching methods
Frontal lessons, lectures referring to normative texts, jurisprudence and cases, doctrinal articles and sometimes even judicial acts, as to allow students a direct knowledge of the concrete tools for the solution of administrative disputes.
Lessons provide an overview of the topics in the program; attendance allow students to develop their skills and acquire a complete framework of the subject for passing the exam.
The individual analysis of the different topics presented in the lessons is highly recommended in order to learn day by day the subject by attendance and contextual study.
Other researchers, professors or experts may be invited for lecture, in order to offer students further contributions or points of interest.
Th organization of seminars or conferences via web will be timely reported to attending students in order to encourage the participation.
On the e-learning page in Ariel (ariel.unimi.it) you can find the calendar of lessons and related topics, slides, notices of changes in the schedule, as well as date and time of Office hours for student reception.
Teaching Resources
For both attending and non-attending students is recommended:

ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest edition

Direct knowledge of the Judicial Proceeding Code (Legislative Decree no. 104 of 2 July 2010), of regulatory sources and most important judgments on administrative justice is also required
A list of the main normative texts and most important cases is available to students on the e-learning page of the course in Ariel (ariel.unimi.it). The listed material can be found on the legal data bases or, as for the normative texts, in edited collections.
The website of the course is updated with all the information regarding reforms and most important cases.
Assessment methods and Criteria
The exam takes place at the end of the course and consists of an oral interview with numerical evaluation expressed in thirties and possible praise.
The criteria for evaluation take into account the correctness, completeness and accuracy in the exposition of the contents as well as the clarity and argumentative ability of critical analysis.
There will be an optional intermediate assessment (written or oral) of learning in the middle of the course. This written exam consists in open questions on the topics examined in the lessons or in commenting a case or a specific legislative provision.
All the information about dates and modalities of the written part will be communicated in class and on the Ariel platform.
Exercises during or a part of the lessons will be organized asking for active participation of the student, which will be assessed with criteria communicated in class.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor: Sica Marco

Surname D-L

Lesson period
First semester
Considering the ongoing health emergency and its evolution, lessons will be taught through the Microsoft Team platform. Lessons will be in synchronous mode and the scheduled time will be maintained. Furthermore, lessons will be recorded and made available on the University online didactic portal Ariel (ariel.unimi.it).
Course syllabus
- Historical evolution of Italian system
- Constitutional and EU principles about administrative action review
- Individual Rights in administrative action
- Administrative remedies
- Citizens protection in civil justice
- ADR
- The administrative judicial review and its proceeding.
Prerequisites for admission
According to the didactic regulation, it is a prerequisite to pass and register the exams of Private Law, Constitutional Law, Civil Procedural Law and Administrative Law.
Teaching methods
Frontal lessons and lectures referring to normative texts, jurisprudence and cases, doctrinal articles and sometimes even judicial acts, as to allow students a direct knowledge of the concrete tools for the solution of administrative disputes.
Lessons provide an overview of the topics in the program; attendance allow students to develop their skills and acquire a complete framework of the subject for passing the exam.
The individual analysis of the different topics presented in the lessons is highly recommended in order to learn day by day the subject by attendance and contextual study.
Other researchers, professors or experts may be invited for lecture, in order to offer students further contributions or points of interest.
Th organization of seminars or conferences via web will be timely reported to attending students in order to encourage the participation.
On the e-learning page in Ariel (ariel.unimi.it) you can find the calendar fo lessons and related topics, slides, notices of changes in the schedule, as well as date and time of Office hours for student reception.
Teaching Resources
For both attending and non-attending students is recommended:
MARCELLO CLARICH, Manuale di giustizia amministrativa, Bologna, il Mulino, 2020, ed. provv.
or, alternatively,
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, ultima edizione.

Direct knowledge of the Judicial Proceeding Code is also required (Legislative Decree no. 104 of 2 July 2010).
A list of the main normative texts and most important cases is available to students on the e-learning page of the course in Ariel (ariel.unimi.it). The listed material can be found on the legal data bases or, as for the normative texts, in edited collections.
The website od the course is updated with all the information regarding reforms and most important cases.
Assessment methods and Criteria
The exam takes place at the end of the course and consists of an oral interview with numerical evaluation expressed in thirties and possible praise.
The criteria for evaluation take into account the correctness, completeness and accuracy in the exposition of the contents as well as the clarity and argumentative ability of critical analysis.
There will be an optional intermediate written assessment of learning in the middle of the course. This written exam consists in open questions on the topics examined in the lessons or in commenting a case or a specific legislative provision.
All the information about dates and modalities of the written part will be communicated in class and on the Ariel platform.
Exercises during or a part of the lessons will be organized asking for active participation of the student, which will be assessed with criteria communicated in class.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours

Surname M-Q

Lesson period
First semester
Considering the ongoing health emergency and its evolution, lessons will be taught through the Microsoft Team platform. Lessons will be in synchronous mode and the scheduled time will be maintained. Furthermore, lessons will be recorded and made available on the University online didactic portal Ariel (ariel.unimi.it).
Course syllabus
The origins of the italian system of administrative justuce - Constitutional principles about citizens' protection against public authorities - Civil judge and public authorities - Administrative judge's jurisdiction - Actions available before the administrative judge - The parts of the administrative process - First istance procedure - Interim protection - Special procedures - Appeal procedures - Execution of the judgement - Administrative appeals
Prerequisites for admission
Student must take the Private Law, Constitutional Law and Administrative Law exams before taking this exam.
Teaching methods
Lectures (see above "Emergency remote teaching")
Teaching Resources
A. TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, ultima edizione.
R. VILLATA, Scritti in tema di questioni di giurisdizione (tra giudice ordinario e giudice amministrativo), Padova, Wolters Kluwer, 2019.
Assessment methods and Criteria
he exam will be given at the end of the course and it is made up of an oral test on the subjects covered. The overall grade is expressed in thirtieths and it's made up of three points: knowledge of the subject; presentation skills and critical analysis.
No intermediate or early exam sessions are planned.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours

Surname R-Z

Responsible
Lesson period
First semester
TEACHING METHODS
The lessons will be held on the Microsoft Teams (MT) platform and can be followed both in synchrony on the basis of the first semester timetable and asynchronously, because they will be recorded and left available to students on the same platform or on the Ariel website. If the health situation allows it and in compliance with the indications in force, there may be activities in presence in the classroom, of which the students will be suitably informed by means of notices on the Ariel website.
PROGRAM AND REFERENCE MATERIAL
The program and reference material will not change.
METHOD OF VERIFICATION OF LEARNING
The exam will take place in oral form using the Microsoft Teams platform or, where the regulations allow it, in presence, always in oral form.
The examination, in particular, will be aimed at:
- ascertain the achievement of the objectives in terms of knowledge and understanding;
- verify the student's autonomy of judgment also through the analysis of the cases discussed during the course or mentioned in the textbooks;
- ascertain the mastery of the specific language and the ability to present the arguments in a clear way.
Course syllabus
The course focuses on the study of administrative justice, with particular reference to the trials before the Council of State and the regional administrative courts.
The main object of the course is the administrative trial code (legislative decree 2 July 2010, n.104).
The most significant legal institutes are analyzed having as their reference term the counterparts of the civil procedure code.
Analytical program of the course:
- Origins and affirmation of the Italian system of administrative justice - The constitutional principles on the jurisdictional protection of the citizen towards the public administration - The jurisdiction of the ordinary judge towards the public administration - The jurisdiction of the administrative judge and his competence - The action in the administrative process - The parts of the administrative process - The first instance judgment - The precautionary protection - The special rites - The sentence and the appeals - The execution of the sentence and the administrative judgment - The administrative appeals - The protection of the citizen in the administrative justice and art. 6 ECHR: the case of administrative sanctions
Prerequisites for admission
The exam will consist solely of an oral test, in which, alongside the knowledge of the legal isntitutes, the ability to critically understand the remedies offered today by the Italian administrative justice system and their effective compliance with European principles will be assessed. We therefore recommend a critical-conceptual preparation rather than a notional one. There are no written tests.
Formal Prerequisites:
As per the didactic regulations of the degree course; in particular, institutions of private law, constitutional law, civil procedural law and administrative law are preparatory.
Teaching methods
Oral lessons, with discussion also of practical cases and examples of trial briefs.
Teaching Resources
General part: A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, ultima edizione and, in addition,
Special part: F. Goisis, La tutela del cittadino nei confronti delle sanzioni amministrative tra diritto nazionale ed europeo, Torino, Giappichelli, 2018
Direct knowledge of Legislative Decree 2 July 2010, no. 104 is expected.
Assessment methods and Criteria
The exam takes place at the end of the course and consists of an oral test, with numerical evaluation expressed in thirtieths and any honors.
The criteria for the evaluation of the test take into account the correctness of the contents, the argumentative clarity and the skills of critical analysis and understanding.
No intermediate tests are foreseen.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor: Goisis Francesco
Professor(s)
Reception:
Wednesday, at 12.15, by appointment. Please send an email the day before at latest.
Former Institute for Public Law, ground floor