Administrative law

A.Y. 2020/2021
9
Max ECTS
63
Overall hours
SSD
IUS/10
Language
Italian
Learning objectives
Il corso ha lo scopo di far conseguire agli studenti:
- la piena padronanza degli argomenti trattati a lezione e illustrati nel manuale e nei materiali didattici di supporto;
- la capacità di affrontare criticamente i temi e di risolvere autonomamente le questioni giuridiche attraverso la rielaborazione delle nozioni apprese;
- il rafforzamento del necessario linguaggio tecnico-giuridico;
- la capacità di coordinare e collegare, in modo sistematico, i diversi istituti studiati, al fine di elaborare proposte utili alla soluzione di fattispecie concrete, anche attraverso lezioni di taglio casistico svolte con la partecipazione attiva degli studenti.
Expected learning outcomes
Al termine del corso lo studente, che abbia proficuamente appreso la materia, avrà una conoscenza approfondita delle principali norme e degli istituti generali afferenti al diritto amministrativo; lo studente, inoltre, avrà acquisito un metodo di ragionamento che gli consentirà di affrontare temi giuridici specifici e problemi interpretavi ed applicativi inerenti alla materia studiata.
Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Teaching methods
The lessons will be held on the Microsoft Teams platform and can be followed both in sync based on the time of the second quarter and asynchronously because they will be recorded and left available to students on the same platform.

Program and reference material
The program and the reference material will not change.

Verification of learning and evaluation criteria
The exam will take place in oral form using the Microsoft Teams platform or where the regulation concerning the distancing allows it in presence always in oral form. The learning verification methods and the assessment criteria used in the distance examinations are the same as those for the face-to-face exams. For further information on these methods and criteria, please refer to the specific section relating to the exams in the ordinary regime
Course syllabus
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 methods
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.
Teaching Resources
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.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor: Gaffuri Federico
Professor(s)