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.
Lesson period: Second semester
(In case of multiple editions, please check the period, as it may vary)
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. Public contracts. The liability of Public Administration: contractual, pre-contractual and non-contractual.
Prerequisites for admission
According to the didactic regulation, it is a prerequisite to pass and register the exams of Private Law and Constitutional Law.
Frontal lessons and lectures referring to normative texts, jurisprudence and cases, doctrinal articles. Lessons provide and 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. The 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.
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)
M. Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, 4° ed., 2019 (till Cap. XIII)
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 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. 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.
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.
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, ed. 2020 (2 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.