European Administrative Law

The focus of the course is on the organisation and exercise of administrative functions, as well as the enforcement and implementation of EU law in both indirect and intertwined administration procedures (also known as co-administration). Through the study of the principles of EU administrative law, students will be able to understand the impact of EU administrative law on typical institutions of Italian administrative law (e.g. concession/authorisation, right of access) and, therefore, on the material activity of public administrations.

The course will address the powers of the EU and the procedural autonomy of Member States.
It will then explore the principle of direct effect (effet utile), i.e. the affirmation by national courts acting as decentralised Community courts of subjective legal situations defined by EU rules.
In this context (administrative proceedings before EU courts), the relationship between procedural autonomy and the effective application of EU law will be examined, with a focus on the following critical elements: (1) the theory of counter-limits, (2) standing to sue, (3) incontestability of administrative measures, (4) the dispositive principle, (5) interim relief, (6) legal costs, (7) interpretation of indeterminate legal concepts, (8) relativity of res judicata, (9) administrative nomofilachia and (10) self-protection in decision-making.