Administrative justice

A.Y. 2021/2022
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
In relation to the methods of providing training activities for the academic year 2021/21 more specific indications will be given in the coming months, based on the evolution of the health situation
Course syllabus
- Origins and development of the Italian administrative justice system
- The constitutional principles on the judicial protection of citizens against the public administration
- The influence of the European Convention on Human Rights and European Union law on the protection of citizens from the public administration
- Protection needs and subjective legal situations (subjective right and legitimate interest)
- Uniqueness and plurality of jurisdictions
- The criteria for allotment between jurisdictions; in particular, the criteria for the division between ordinary and administrative judges
- The jurisdiction of the ordinary judge with respect to the public administration
- The jurisdiction of the administrative judge: general jurisdiction of legitimacy, exclusive and merit
- The forms of protection and the type of actions in the administrative process: annulment, conviction, fulfillment, against the silent non-fulfillment, nullity and assessment
- The parties to the administrative process
- The legitimacy and the interest to appeal
- The judgment before the Regional Administrative Courts
- The introductory appeal and the object of the judgment
- The cross appeal
- The precautionary protection
- The investigation
- The sentence and the appeals
- The administrative judgment
- The execution of the sentence
- The special rites
- Administrative appeals
- Alternative dispute resolution methods
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
During lessons, reference will be made to regulatory texts, to the most significant jurisprudential precedents, to doctrinal reflections and, sometimes, also to procedural documents, so as to allow the student a direct knowledge and use of the work tools used for the solution of disputes between citizen and public administration.
Lessons offer an overview of the topics indicated in the program; attendance allows you to develop the skills and offer the knowledge necessary for the successful passing of the exam.
Individual study and deepening are recommended to be carried out in the same period in which the lessons are held so that learning takes place day by day essentially through the attendance and contextual study of the individual topics.
Other teachers or experts may be invited to hold some teaching lessons, in order to offer the attending students further contributions or ideas of interest.
The organization, electronically, of seminars, exercises or conferences for in-depth study of topics related to teaching will be promptly reported to the students attending, in order to encourage the participation of those interested.
On the teaching website in the Ariel University online teaching portal (ariel.unimi.it) the calendar of lessons with the related topics and notices relating to any changes, the accompanying materials of the oral lessons and the day and student reception hours.
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 final exam relating to teaching takes place at the end of the course and consists of an oral test, with numerical evaluation expressed in thirtieths and possible honors.
The criteria for the evaluation of the oral and written tests and of the work carried out during the seminars / exercises are: correctness, completeness and accuracy of the contents, as well as clarity and argumentative mastery and capacity for critical analysis and re-elaboration.
Two optional intermediate written tests to verify learning are foreseen for students attending between 20 and 30 of October (first test) and 20 and 30 of November (second test). The dates of the written tests are confirmed after the start of lessons based on the availability of the classrooms. The tests consist of open questions relating to the institutions of administrative justice or in the solution of a practical case or in the comment of a sentence or in the analysis and interpretation of a regulatory text.
All information regarding the dates and methods of carrying out the partial test will be communicated to students during class and published on the Ariel platform.
Seminars / exercises will also be organized which also require in-depth personal work and exposure, which is taken into account for the purpose of awarding the final grade.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor: Sica Marco

Surname D-L

Lesson period
First semester
More specific information on the delivery modes of training activities for academic year 2021/22 will be provided over the coming months, based on the evolution of the public health situation.
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.
The organization of seminars or conferences 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, 2021,
or, alternatively,
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, 2021.

Direct knowledge of the Judicial Proceeding Code is also required (Legislative Decree no. 104 of 2 July 2010).
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 or solving a case.
All the information about date 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 in class (face-to-face teaching) and synchronously on the Microsoft Teams platform.
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
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor: Goisis Francesco
Professor(s)
Reception:
In the current health situation, using Microsoft Teams, by appointment to be agreed by email.
Microsoft Teams