Digital Transition, Proceedings and Drafting of Public Administration Documents
A.Y. 2022/2023
Learning objectives
The aims of the course are, on the one hand, to deepen the institutional framework of both the administrative procedures and acts and, on the other hand, to study the modalities of drafting such acts, also in light of the digital transition.
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, also in light of the digital transition. 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, also in light of the digital transition. 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 both the administrative procedures and acts, the legal problems that are connected with them, 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.), taking also into consideration the digital transition. 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
Unless otherwise specified by the University, lectures are held in presence in the classroom
Course syllabus
MODULE N. 1:
The administrative procedure
The administrative act
The reasons for the administrative act
Vices and voidability of the administrative act
Techniques and style of administrative drafting: argumentation, interpretation, and administrative language
MODULE N. 2:
Focus on public procurement. After explaining to students the technical and logical steps of the procurement's cycle, the acts of the various parties involved in the administrative procedure and in the contract performance phase are specifically analyzed
MODULE N. 3:
Digital Administrative Procedure
Electronic File and Digital Signature
Public services online - the Single Digital Gateway
Public administration, right of access and GDPR
e-procurement
The administrative procedure
The administrative act
The reasons for the administrative act
Vices and voidability of the administrative act
Techniques and style of administrative drafting: argumentation, interpretation, and administrative language
MODULE N. 2:
Focus on public procurement. After explaining to students the technical and logical steps of the procurement's cycle, the acts of the various parties involved in the administrative procedure and in the contract performance phase are specifically analyzed
MODULE N. 3:
Digital Administrative Procedure
Electronic File and Digital Signature
Public services online - the Single Digital Gateway
Public administration, right of access and GDPR
e-procurement
Prerequisites for admission
Students must have passed the exams of constitutional law, private law and administrative law.
Teaching methods
The aim of the course is to illustrate the main institutional concepts regarding administrative acts and procedures, as well as to analyse the methods of drafting several administrative acts, taking into account the innovations introduced by the use of ICT within public administrations activities.
This goal is pursued through three distinct teaching modules.
In the first module, the analysis focuses on the above institutional concepts by presenting the essential aspects of administrative activity, its historical origins and its concrete meaning.
In the second module, some of the above institutional concepts are taken up to become the subject of a specific in-depth study of public procurement.
In the third module, the analysis focuses on some novelties introduced by the use of ICT in administrative activity, also affecting the organization of public function. The main goal is to verify the impact that these novelties have on the drawing up of administrative acts.
Lessons require the student to develop the ability to listen, pay attention, understand, and analyse the topics being taught. Conversely, practical case studies require personal work.
The class is conducted with the active participation of the students, so that learning takes place essentially through attending class lectures.
A full knowledge of administrative law and its substantial principles is essential for the study of the subject.
This goal is pursued through three distinct teaching modules.
In the first module, the analysis focuses on the above institutional concepts by presenting the essential aspects of administrative activity, its historical origins and its concrete meaning.
In the second module, some of the above institutional concepts are taken up to become the subject of a specific in-depth study of public procurement.
In the third module, the analysis focuses on some novelties introduced by the use of ICT in administrative activity, also affecting the organization of public function. The main goal is to verify the impact that these novelties have on the drawing up of administrative acts.
Lessons require the student to develop the ability to listen, pay attention, understand, and analyse the topics being taught. Conversely, practical case studies require personal work.
The class is conducted with the active participation of the students, so that learning takes place essentially through attending class lectures.
A full knowledge of administrative law and its substantial principles is essential for the study of the subject.
Teaching Resources
Reference materials are provided to students during class lectures.
The reference materials are made available to students directly on the course website in the Ariel online teaching portal (ariel.unimi.it), which is constantly updated with information on any changes to the calendar and timetable of lectures.
Both 'attending' and 'non-attending' students are invited to study the following texts:
-F. Fracchia-P. Pantalone, Decider(ci) per la morte: crisi, sostenibilità, energie rinnovabili e semplificazioni procedimentali. Interpretare il presente con il paradigma delle relazioni intergenerazionali nutrite di solidarietà, Editoriale Scientifica, Napoli, 2022
-F. Fracchia, Argomentare nel (e il) diritto: sulla necessità di un confronto per formare gli operatori delle professioni legali, available online
-C. Colapietro, Il complesso bilanciamento tra il principio di trasparenza e il diritto alla privacy: la disciplina delle diverse forme di accesso e degli obblighi di pubblicazione, in Federalismi.it, n. 14, 2020, p. 64-91, available online.
-R. Cavallo Perin - D-U Galetta, Il diritto dell'amministrazione pubblica digitale, Giappichelli 2020, capitoli III, IV, VIII, XI.
-M. Pignatti, La digitalizzazione e le tecnologie informatiche per l'efficienza e l'innovazione nei contratti pubblici, in Federalismi.it, n.12, 2022, pp. 133-176.
The reference materials are made available to students directly on the course website in the Ariel online teaching portal (ariel.unimi.it), which is constantly updated with information on any changes to the calendar and timetable of lectures.
Both 'attending' and 'non-attending' students are invited to study the following texts:
-F. Fracchia-P. Pantalone, Decider(ci) per la morte: crisi, sostenibilità, energie rinnovabili e semplificazioni procedimentali. Interpretare il presente con il paradigma delle relazioni intergenerazionali nutrite di solidarietà, Editoriale Scientifica, Napoli, 2022
-F. Fracchia, Argomentare nel (e il) diritto: sulla necessità di un confronto per formare gli operatori delle professioni legali, available online
-C. Colapietro, Il complesso bilanciamento tra il principio di trasparenza e il diritto alla privacy: la disciplina delle diverse forme di accesso e degli obblighi di pubblicazione, in Federalismi.it, n. 14, 2020, p. 64-91, available online.
-R. Cavallo Perin - D-U Galetta, Il diritto dell'amministrazione pubblica digitale, Giappichelli 2020, capitoli III, IV, VIII, XI.
-M. Pignatti, La digitalizzazione e le tecnologie informatiche per l'efficienza e l'innovazione nei contratti pubblici, in Federalismi.it, n.12, 2022, pp. 133-176.
Assessment methods and Criteria
The final exam is an oral examination. It will take into account the active participation of students and the exercises and self-assessment tests carried out during the course.
IUS/10 - ADMINISTRATIVE LAW - University credits: 12
Lessons: 84 hours
Professors:
Pantalone Pasquale, Provenzano Paolo
Educational website(s)
Professor(s)