Digital Transition, Proceedings and Drafting of Public Administration Documents
A.Y. 2023/2024
Learning objectives
The aims of the course are, on the one hand, to deepen the institutional framework of administrative procedures and administrative acts and, on the other hand, to study the modalities of drafting such acts, especially considering the impacts of the ongoing process of digitalisation for the public administration.
The course will therefore use two sets of learning and teaching methods. On the one hand, a complete cycle of lessons examines the essential aspects of the administrative activity, its historical origins, its concrete meaning though a combination of cases and examples and its digitalisation. On the other hand, a cycle of in class workshops will deepen, under a practical point of view, the topics previously examined.
The lectures require the student to develop the ability to listen, understand and critically analyse the subjects of the course. The workshops, on the other hand, require a personal effort in order to concretize the theoretical notions into practical simulation of the public administrations' activity.
The course will therefore use two sets of learning and teaching methods. On the one hand, a complete cycle of lessons examines the essential aspects of the administrative activity, its historical origins, its concrete meaning though a combination of cases and examples and its digitalisation. On the other hand, a cycle of in class workshops will deepen, under a practical point of view, the topics previously examined.
The lectures require the student to develop the ability to listen, understand and critically analyse the subjects of the course. The workshops, on the other hand, require a personal effort in order to concretize the theoretical notions into practical simulation of the public administrations' activity.
Expected learning outcomes
At the end of the course, the students must demonstrate that they have acquired a thorough knowledge of the characteristics of the administrative acts and proceedings, also understanding the legal problems related to them, as well as the goals and reasons of the various legal tools at disposal of the public administrations. Furthermore, it is necessary to demonstrate the ability to apply the notions learned to concrete cases, drafting the different kinds of acts the public administrations can adopt to pursue the public interest (refusals of consent, sanctions, authorizations, etc.), also considering the ongoing process of digitalisation of the public bodies. Furthermore, the student should be able to formulate personal opinions with reference to the topics covered by the course, supporting them through logical and legal arguments. Finally, 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 can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The following topics will be deepened:
Module 1:
· The administrative proceeding.
· The different types of administrative acts.
· The administrative measures: features, structure and effectiveness.
· The possible sources of illegitimacy for the administrative measures.
Module 2:
· General principles on legal writing.
· Techniques and style of administrative writing: argumentation, interpretation and administrative language.
· Administrative writing workshops:
o Environment;
o Procurement;
o Immigration;
o Public competitions;
o Administrative agreements;
o Second-degree administrative measures.
This second part will have an extremely practical approach, so that students are strongly advised to attend it, as it will focus on the application of theoretical notions and drafting techniques learned during the previous lectures in the writing of different models of administrative measures, concerning some of the main areas of intervention of the public apparatus.
Module 3:
· The digitization of administrative procedure.
· The digitization of the administrative measure.
· Public administration, right of access and GDPR.
Module 1:
· The administrative proceeding.
· The different types of administrative acts.
· The administrative measures: features, structure and effectiveness.
· The possible sources of illegitimacy for the administrative measures.
Module 2:
· General principles on legal writing.
· Techniques and style of administrative writing: argumentation, interpretation and administrative language.
· Administrative writing workshops:
o Environment;
o Procurement;
o Immigration;
o Public competitions;
o Administrative agreements;
o Second-degree administrative measures.
This second part will have an extremely practical approach, so that students are strongly advised to attend it, as it will focus on the application of theoretical notions and drafting techniques learned during the previous lectures in the writing of different models of administrative measures, concerning some of the main areas of intervention of the public apparatus.
Module 3:
· The digitization of administrative procedure.
· The digitization of the administrative measure.
· Public administration, right of access and GDPR.
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 procedures and administrative acts and, on the other hand, to study the modalities of drafting such acts, especially considering the consequences of the ongoing process of digitalisation for the public administration.
These objectives are pursued through distinct and systematically interrelated teaching approaches. First of all, a complete cycle of lectures is offered, in which the aforementioned in-depth theoretical study of the notions of administrative procedure and act is carried out. Secondly, the theoretical knowledge acquired is developed through practical exercises, to become the subject of so-called "administrative writing workshops", aimed at providing students with concrete tools and skills, useful for the correct drafting of acts of public administration. Lastly, what has been learned on the theoretical and practical level will be integrated in light of the most recent innovations related to the digitization process of public administration.
The teaching is mainly devoted to the acquisition of proficiency in drafting and interpreting administrative measures. In addition to undoubtedly theoretical profiles, the course is eminently practical: therefore, the active participation of students plays an essential role.
To approach the study of the subject, it is essential to have a full knowledge of the principles of Administrative law, with respect to which this course represents an advanced program.
These objectives are pursued through distinct and systematically interrelated teaching approaches. First of all, a complete cycle of lectures is offered, in which the aforementioned in-depth theoretical study of the notions of administrative procedure and act is carried out. Secondly, the theoretical knowledge acquired is developed through practical exercises, to become the subject of so-called "administrative writing workshops", aimed at providing students with concrete tools and skills, useful for the correct drafting of acts of public administration. Lastly, what has been learned on the theoretical and practical level will be integrated in light of the most recent innovations related to the digitization process of public administration.
The teaching is mainly devoted to the acquisition of proficiency in drafting and interpreting administrative measures. In addition to undoubtedly theoretical profiles, the course is eminently practical: therefore, the active participation of students plays an essential role.
To approach the study of the subject, it is essential to have a full knowledge of the principles of Administrative law, with respect to which this course represents an advanced program.
Teaching Resources
For both attending and nonattending students, the study of the following texts is recommended in order to acquire basic knowledge of the course main topics:
· G. DELLA CANANEA, M. DUGATO, B. MARCHETTI, A. POLICE E M. RAMAJOLI, Manuale di diritto amministrativo, Giappichelli, Torino, last ed., chapter VI;
· R. VILLATA, M. RAMAJOLI, Il provvedimento amministrativo, Giappichelli, Torino, II ed., 2017, chapters I, III, IV, V;
· Guida alla redazione degli atti amministrativi. Regole e suggerimenti, a cura Istituto di teoria e tecniche dell'informazione giuridica e Accademia della Crusca, online: http://www.ittig.cnr.it/Ricerca/Testi/GuidaAttiAmministrativi.pdf;
· L. TORCHIA, Lo stato digitale. Una introduzione, Il Mulino, Bologna, chapters I, III, VI, VII, VIII.
Additional teaching materials, related to the specific topics addressed in class, will be made available on the course website in the University's online educational portal Ariel (ariel.unimi.it).
· G. DELLA CANANEA, M. DUGATO, B. MARCHETTI, A. POLICE E M. RAMAJOLI, Manuale di diritto amministrativo, Giappichelli, Torino, last ed., chapter VI;
· R. VILLATA, M. RAMAJOLI, Il provvedimento amministrativo, Giappichelli, Torino, II ed., 2017, chapters I, III, IV, V;
· Guida alla redazione degli atti amministrativi. Regole e suggerimenti, a cura Istituto di teoria e tecniche dell'informazione giuridica e Accademia della Crusca, online: http://www.ittig.cnr.it/Ricerca/Testi/GuidaAttiAmministrativi.pdf;
· L. TORCHIA, Lo stato digitale. Una introduzione, Il Mulino, Bologna, chapters I, III, VI, VII, VIII.
Additional teaching materials, related to the specific topics addressed in class, will be made available on the course website in the University's online educational portal Ariel (ariel.unimi.it).
Assessment methods and Criteria
The final exam will be held in oral form and the assessment is expressed in grades with a maximum grade of 30/30, and possible cum laude.
The final oral examination will take into account students' active participation, their exercises and self-assessment tests conducted during the course.
The final oral examination will take into account students' active participation, their exercises and self-assessment tests conducted during the course.
Educational website(s)
Professor(s)
Reception:
Monday, 10.30. Ir is suggested to previously send an e-mail at [email protected]
Basement room, in the Public Law Department.