Drafting and Construing Public Records
A.Y. 2021/2022
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.
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.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Lessons will be given primarily in presence in the classroom and in streaming on the TEAMS platform of the Course. Access registration to the classroom has to follow procedures given by the University.
Course syllabus
The following topics will be examined and developed:
First part:
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"
The general principles governing the drafting of measures
Second part :
A part of the course will be dedicated to the drafting techniques for the preparation of tender's documents.
In this module, we will illustrate to the students all the technical and logical steps of the procurement's cycle.
The analysis will be focused on the administrative acts delivered by the various subjects involved in the cycle and related procedures.
Moreover, contract type will be discussed in the class.
Given the extremely practical cut of the module is strongly recommended to the presence, also on line.
First part:
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"
The general principles governing the drafting of measures
Second part :
A part of the course will be dedicated to the drafting techniques for the preparation of tender's documents.
In this module, we will illustrate to the students all the technical and logical steps of the procurement's cycle.
The analysis will be focused on the administrative acts delivered by the various subjects involved in the cycle and related procedures.
Moreover, contract type will be discussed in the class.
Given the extremely practical cut of the module is strongly recommended to the presence, also on line.
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.
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 learn 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.
M. Delsignore, M. Ramajoli, Gli appalti pubblici precommerciali, in AA.VV., Il Procurement delle pubbliche amministrazioni: tra tentativi e necessità di innovazione, sostenibilità, concorrenza e impatto Covid-19, cura di Luigi Fiorentino e Annamaria La Chimia, 2020, ricerca Astrid, in corso di pubblicazione;
S. Valaguzza, Innovazione di processo nei contratti pubblici, in AA.VV., Il Procurement delle pubbliche amministrazioni: tra tentativi e necessità di innovazione, sostenibilità, concorrenza e impatto Covid-19, cura di Luigi Fiorentino e Annamaria La Chimia, 2020, ricerca Astrid, in corso di pubblicazione;
Maurizio Cafagno, Risorse decisionali e amministrazione difensiva. Il caso delle procedure, Diritto Amministrativo, fasc.1, 1 MARZO 2020, pag. 35.
The text books are a valid aid in understanding
Lectures will be carried out with the active participation of students, which will therefore learn 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.
M. Delsignore, M. Ramajoli, Gli appalti pubblici precommerciali, in AA.VV., Il Procurement delle pubbliche amministrazioni: tra tentativi e necessità di innovazione, sostenibilità, concorrenza e impatto Covid-19, cura di Luigi Fiorentino e Annamaria La Chimia, 2020, ricerca Astrid, in corso di pubblicazione;
S. Valaguzza, Innovazione di processo nei contratti pubblici, in AA.VV., Il Procurement delle pubbliche amministrazioni: tra tentativi e necessità di innovazione, sostenibilità, concorrenza e impatto Covid-19, cura di Luigi Fiorentino e Annamaria La Chimia, 2020, ricerca Astrid, in corso di pubblicazione;
Maurizio Cafagno, Risorse decisionali e amministrazione difensiva. Il caso delle procedure, Diritto Amministrativo, fasc.1, 1 MARZO 2020, pag. 35.
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
Professor(s)