European Administrative Law
A.Y. 2022/2023
Learning objectives
The course is the continuation and improvement of the concepts already learned in the course of administrative law, which represents the indispensable basis, and the necessary assumption. The course aims to teach students the application of the general principles of the european legal system to the organization and activity of Italian public administrations, focused to the relationships between general rules, administrative procedures, and relationship between national and european judges. The educational objective is to teach forms of integration between the Italian and european administrative legal system.
Expected learning outcomes
The student will learn to apply the rules and principles of european administrative law to the procedures implemented by the italian public administrations: in particular, the student will be able to understand the relationships between the different normative rules, and their application by the national and european judges.
Lesson period: Third trimester
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
Third trimester
Course syllabus
The object of the course is the exercise of the administrative function in the application of EU rules, in indirect and intertwined administration procedures.
The issue of the powers conferred by the European Union and procedural autonomy of the Member States will therefore be addressed.
Then, the principle of "effet utile", i.e. the jurisprudential affirmation of the subjective legal situations defined by the EU rules by the national judge operating as a decentralized Community judge, will be deepened.
In this context (the administrative process), some of the critical elements of the relationship between procedural autonomy and the "effet utile" will be examined: (1) the theory of counter-limits; (2) legal standing; (3) the definitiveness of administrative acts; (4) the principle of party prosecution; (5) interim reliefs; (6) court fees; (7) the interpretation of indeterminate legal concepts; (8) res judicata (9) administrative nomophilachy; (10) self-remedy.
The issue of the powers conferred by the European Union and procedural autonomy of the Member States will therefore be addressed.
Then, the principle of "effet utile", i.e. the jurisprudential affirmation of the subjective legal situations defined by the EU rules by the national judge operating as a decentralized Community judge, will be deepened.
In this context (the administrative process), some of the critical elements of the relationship between procedural autonomy and the "effet utile" will be examined: (1) the theory of counter-limits; (2) legal standing; (3) the definitiveness of administrative acts; (4) the principle of party prosecution; (5) interim reliefs; (6) court fees; (7) the interpretation of indeterminate legal concepts; (8) res judicata (9) administrative nomophilachy; (10) self-remedy.
Prerequisites for admission
The course is the continuation and improvement of the concepts already learned in the course of administrative law, which represents the indispensable basis, and the necessary assumption.
Teaching methods
Face-to-face lectures, Case studies.
Teaching Resources
M. GIAVAZZI, Anatomia del processo amministrativo (Riflessioni sull'autonomia processuale degli Stati dell'UE), edita da Editoriale Scientifica, Napoli, 2021.
Assessment methods and Criteria
The exam consists of oral examination.
For attending students only: the final exam will be anticipated in the form of individual written open question tests.
For attending students only: the final exam will be anticipated in the form of individual written open question tests.
Professor(s)