Administrative Law
A.Y. 2023/2024
Learning objectives
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.
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
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Surname A-C
Responsible
Lesson period
Second semester
More specific informations on the delivery mode of training activities for the academic year 2023/24 will be provided in the coming months, based on the evolution of the public health situation.
Course syllabus
he first part of the course will be devoted to the study of the general principles concerning the development of the Public Sector and the organization of its administrative bodies, focusing on the legal protection of individuals dealing with the Public Administration.
The second part of the course will offer a thorough explanation of the procedural rules set out in Law no. 241 of 1990 regarding administrative action, as well as of the consequences of an administrative decision's invalidity. This module will also examine more specific branches of Italian Administrative Law such as, inter alia, public services, administrative contracts and public tenders, briefly sketching the basics of judicial protection before Italian Administrative Courts.
The second part of the course will offer a thorough explanation of the procedural rules set out in Law no. 241 of 1990 regarding administrative action, as well as of the consequences of an administrative decision's invalidity. This module will also examine more specific branches of Italian Administrative Law such as, inter alia, public services, administrative contracts and public tenders, briefly sketching the basics of judicial protection before Italian Administrative Courts.
Prerequisites for admission
Preparatory courses: Institutions of Private Law and Constitutional Law.
Teaching methods
Lectures.
Teaching Resources
- G. della Cananea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli (a cura di), Manuale di diritto amministrativo, Torino, Giappichelli, 2022 (in relations to Chapter I - "Genesi e sviluppo del diritto amministrativo", a single reading may be sufficient)
or
G. Greco with M. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo, Vol. 1, Giuffrè, Milano, latest available edition (up to p. 408, with the exclusion of the chapter concerning administrative justice).
Students enrolled in the old four-year programme must include the Administrative Justice in their studies. To this end, the following textbook is recommended:
- A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest available edition.
or
G. Greco with M. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo, Vol. 1, Giuffrè, Milano, latest available edition (up to p. 408, with the exclusion of the chapter concerning administrative justice).
Students enrolled in the old four-year programme must include the Administrative Justice in their studies. To this end, the following textbook is recommended:
- A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest available edition.
Assessment methods and Criteria
The examination will be held orally.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Surname D-L
Responsible
Lesson period
Second semester
Course syllabus
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.
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.
Teaching methods
Frontal lessons and lectures referring to normative texts, jurisprudence and cases, doctrinal articles.
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 to learn day by day the subject by attendance and contextual study.
Other researchers, professors or experts may be invited for lecture, to offer students further contributions or points of interest.
The organization of seminars or conferences will be timely reported to attending students to encourage the participation.
On the e-learning page in Ariel (ariel.unimi.it) you can find the calendar for lessons and related topics, slides, notices of changes in the schedule, as well as date and time of Office hours for student reception.
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 to learn day by day the subject by attendance and contextual study.
Other researchers, professors or experts may be invited for lecture, to offer students further contributions or points of interest.
The organization of seminars or conferences will be timely reported to attending students to encourage the participation.
On the e-learning page in Ariel (ariel.unimi.it) you can find the calendar for 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
G. della Cananea, M. Dugato, B. Marchetti, A. Police, M. Ramajoli, Manuale di diritto amministrativo, Giappichelli, latest edition available
otherwise
G. Greco with M. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo, Vol. I, p.te generale, Lezioni, Giuffrè, Milano, VI° ed., 2021, pagg. 1-433
otherwise
M. Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, 5° ed., 2022, pagg. 23-458
Students enrolled with the previous degree course must study judicial administrative proceeding. The suggested textbook is A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, 2023
otherwise
G. Greco with M. Cafagno, D.U. Galetta, M. Ramajoli, M. Sica, Argomenti di diritto amministrativo, Vol. I, p.te generale, Lezioni, Giuffrè, Milano, VI° ed., 2021, pagg. 1-433
otherwise
M. Clarich, Manuale di diritto amministrativo, il Mulino, Bologna, 5° ed., 2022, pagg. 23-458
Students enrolled with the previous degree course must study judicial administrative proceeding. The suggested textbook is A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, 2023
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 date and modalities of the written part will be communicated in class.
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 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 date and modalities of the written part will be communicated in class.
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
Professor:
Ramajoli Margherita Maria
Surname M-Q
Responsible
Lesson period
Second semester
Course syllabus
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.
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.
Teaching methods
Lectures (see above "Emergency remote teaching")
Teaching Resources
della Cananea - Dugato - Marchetti - Police - Ramajoli, Manuale di diritto amministrativo, Giappichelli, to be published
Assessment methods and Criteria
The 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.
No intermediate or early exam sessions are planned.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor:
Bertonazzi Luca Santino
Surname R-Z
Responsible
Lesson period
Second semester
Course syllabus
The lectures will be focused 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
· Trasparency and right of access to documents of the public administration
· 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
· 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
· Trasparency and right of access to documents of the public administration
· 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
Prerequisites for admission
Preparatory courses provided by Academic Regulations of the Law Faculty.
Teaching methods
Lectures and seminars on specific subject matters.
Teaching Resources
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), and the study if the important judgements that will be uploaded on the site Ariel by the professor of the course, 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, latest edition (up to chapter V*)
2) D.U. GALETTA (Ed.), Diritto amministrativo europeo: argomenti e materiali, Giappichelli, Turin, latest edition (only 2 chapters chosen by the student)
Or, as an alternative only to the first textbook (*):
F.G. SCOCA, Diritto amministrativo, Giappichelli, Turin, latest edition (up to chapter 2 of Part 8).
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), and the study if the important judgements that will be uploaded on the site Ariel by the professor of the course, 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, latest edition (up to chapter V*)
2) D.U. GALETTA (Ed.), Diritto amministrativo europeo: argomenti e materiali, Giappichelli, Turin, latest edition (only 2 chapters chosen by the student)
Or, as an alternative only to the first textbook (*):
F.G. SCOCA, Diritto amministrativo, Giappichelli, Turin, latest edition (up to chapter 2 of Part 8).
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.