Administrative Justice
A.Y. 2026/2027
Learning objectives
The learning objective of the course is developing knowledge about the fundamentals of the administrative justice system, considering its most complex and debated issues.
This objective shall be pursued by presenting the characteristics of the protection of individuals, social groups and undertakings in front of public authorities and by explaining the judicial review of administrative action in its historical, normative and concrete implementation.
The analysis of the legal instruments and remedies, as applied by the jurisprudence and in the constitutional framework, will allow students to acquire a method of reasoning suitable to face specific and complex legal issues.
This objective shall be pursued by presenting the characteristics of the protection of individuals, social groups and undertakings in front of public authorities and by explaining the judicial review of administrative action in its historical, normative and concrete implementation.
The analysis of the legal instruments and remedies, as applied by the jurisprudence and in the constitutional framework, will allow students to acquire a method of reasoning suitable to face specific and complex legal issues.
Expected learning outcomes
In accordance with the Dublin descriptors, the course aims to provide students with the knowledge of the fundamentals of administrative justice, its debated issues and its underlying reasons.
Lessons will be based on normative texts, jurisprudence and doctrinal articles. Students are required to develop skills in listening, paying attention, comprehend and analyse the contents of the lessons and of the course, developing a critical approach.
Students should be able to formulate personal opinions, supporting them with logical and legal arguments.
Moreover, students should be able to express the acquired notions with property of language, argumentative coherence and systematic rigour.
Finally, students must prove knowledge of single institutions in the Italian and supranational framework.
Lessons will be based on normative texts, jurisprudence and doctrinal articles. Students are required to develop skills in listening, paying attention, comprehend and analyse the contents of the lessons and of the course, developing a critical approach.
Students should be able to formulate personal opinions, supporting them with logical and legal arguments.
Moreover, students should be able to express the acquired notions with property of language, argumentative coherence and systematic rigour.
Finally, students must prove knowledge of single institutions in the Italian and supranational framework.
Lesson period: First 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
Surname A-C
Responsible
Lesson period
First semester
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professors:
Sica Marco, Valaguzza Sara
Shifts:
Surname D-L
Responsible
Lesson period
First semester
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor:
Ramajoli Margherita Maria
Shifts:
Turno
Professor:
Ramajoli Margherita MariaSurname M-Q
Responsible
Lesson period
First semester
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professor:
Bertonazzi Luca Santino
Shifts:
Turno
Professor:
Bertonazzi Luca SantinoSurname R-Z
Responsible
Lesson period
First semester
Course syllabus
Origins and development of the Italian administrative justice system
- The constitutional principles on the jurisdictional protection of the citizen against the public administration
- The influence of the European Convention on Human Rights and European Union law on the protection of citizens towards public administration
- Protection needs and subjective legal situations (subjective right and legitimate interest)
- Uniqueness and plurality of jurisdictions
- The criteria for distribution between jurisdictions
- The jurisdiction of the ordinary judge over the public administration
- The jurisdiction of the administrative judge: general jurisdiction of legitimacy, exclusive and merit
The administrative process
- The object of judgment. The forms of protection and the type of actions: annulment, condemnation, compliance, against silent non-compliance, nullity and assessment, subrogation
- Parts
- Legitimation and interest in appealing
- Judgment before the Regional Administrative Courts: general notes;
- Competence by territory
- The introductory appeal and the additional reasons
- The cross-appeal
- The counterclaim
- Precautionary protection
- The investigation
- The sentence and appeals
- The administrative judgement
- The execution of the sentence
- Special rites
- Protection regarding public contracts
- Litigation before the Court of Auditors
- Litigation before the Superior Court of Public Waters
- Administrative appeals
- Arbitration
- Alternative methods of dispute resolution
- The constitutional principles on the jurisdictional protection of the citizen against the public administration
- The influence of the European Convention on Human Rights and European Union law on the protection of citizens towards public administration
- Protection needs and subjective legal situations (subjective right and legitimate interest)
- Uniqueness and plurality of jurisdictions
- The criteria for distribution between jurisdictions
- The jurisdiction of the ordinary judge over the public administration
- The jurisdiction of the administrative judge: general jurisdiction of legitimacy, exclusive and merit
The administrative process
- The object of judgment. The forms of protection and the type of actions: annulment, condemnation, compliance, against silent non-compliance, nullity and assessment, subrogation
- Parts
- Legitimation and interest in appealing
- Judgment before the Regional Administrative Courts: general notes;
- Competence by territory
- The introductory appeal and the additional reasons
- The cross-appeal
- The counterclaim
- Precautionary protection
- The investigation
- The sentence and appeals
- The administrative judgement
- The execution of the sentence
- Special rites
- Protection regarding public contracts
- Litigation before the Court of Auditors
- Litigation before the Superior Court of Public Waters
- Administrative appeals
- Arbitration
- Alternative methods of dispute resolution
Prerequisites for admission
According to the didactic regulation, it is a prerequisite to pass and register the exams of Private Law, Constitutional Law, Civil Procedural Law and Administrative Law. Compliance with the preparatory requirements applies only if the student who appears for the exam has taken it with a positive result and the grade has been duly registered.
Teaching methods
During lessons, reference will be made to regulatory texts, the most significant jurisprudential precedents and doctrinal reflections. Sometimes reference may also be made to procedural documents to allow the student direct knowledge of appeals, briefs, etc. which are most frequently used in disputes between citizens and public administration.
Lessons offer a general overview of the topics included in the program; attendance allows you to develop the skills and knowledge necessary to pass the exam. However, individual study and deepening are essential and it is recommended to begin before the start of the course and then in the same period in which lessons are held so that learning takes place day by day essentially through attendance and contextual study and deepening of individual topics.
Other teachers or experts may be invited to hold some lessons of the course, in order to offer attending students further contributions or ideas of interest.
Seminars, exercises or conferences will also be organized to explore topics related to teaching - in person or, if permitted, also electronically - and students will be informed during lessons and by publishing a notice on the teaching website on the portal. Ariel University's online teaching program in order to encourage the widest participation of interested parties whose personal contribution will be taken into account for the purposes of assigning the final grade.
The calendar of lessons with the relevant topics will be published on the teaching website in the Ariel University online teaching portal (ariel.unimi.it) before the start of the course. Notices relating to any changes, the materials accompanying the oral lessons and the day and time of office hours for students and any other useful information will also be published on the aforementioned website.
Lessons offer a general overview of the topics included in the program; attendance allows you to develop the skills and knowledge necessary to pass the exam. However, individual study and deepening are essential and it is recommended to begin before the start of the course and then in the same period in which lessons are held so that learning takes place day by day essentially through attendance and contextual study and deepening of individual topics.
Other teachers or experts may be invited to hold some lessons of the course, in order to offer attending students further contributions or ideas of interest.
Seminars, exercises or conferences will also be organized to explore topics related to teaching - in person or, if permitted, also electronically - and students will be informed during lessons and by publishing a notice on the teaching website on the portal. Ariel University's online teaching program in order to encourage the widest participation of interested parties whose personal contribution will be taken into account for the purposes of assigning the final grade.
The calendar of lessons with the relevant topics will be published on the teaching website in the Ariel University online teaching portal (ariel.unimi.it) before the start of the course. Notices relating to any changes, the materials accompanying the oral lessons and the day and time of office hours for students and any other useful information will also be published on the aforementioned website.
Teaching Resources
For both attending and non-attending students is recommended to study both the following volumes:
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest edition
Direct knowledge of the of the Judicial Proceeding Code (legislative decree 2 July 2010, n. 104), of regulatory sources and sentences on the subject of administrative justice of the ECHR, CJEU, Constitutional Court, of the Court of Cassation, United Sections, and of the Council of State, Plenary Meeting, cited in the manual in also required.
The sources and sentences can be found online in the various databases dedicated to this or, as regards the sources, also in the numerous collections on the market (in this case it is suggested to always use the latest updated edition).
The course website is constantly updated with information relating to any regulatory changes and key rulings.
ALDO TRAVI, Lezioni di giustizia amministrativa, Torino, Giappichelli, latest edition
Direct knowledge of the of the Judicial Proceeding Code (legislative decree 2 July 2010, n. 104), of regulatory sources and sentences on the subject of administrative justice of the ECHR, CJEU, Constitutional Court, of the Court of Cassation, United Sections, and of the Council of State, Plenary Meeting, cited in the manual in also required.
The sources and sentences can be found online in the various databases dedicated to this or, as regards the sources, also in the numerous collections on the market (in this case it is suggested to always use the latest updated edition).
The course website is constantly updated with information relating to any regulatory changes and key rulings.
Assessment methods and Criteria
The final exam relating to teaching takes place at the end of the course and consists of an oral test, with numerical evaluation expressed in thirtieths and possible honors.
The criteria for the evaluation of the oral test and of the work carried out during the seminars / exercises are: correctness, completeness and accuracy of the contents, as well as clarity and argumentative mastery and capacity for critical analysis and re-elaboration.
The criteria for the evaluation of the oral test and of the work carried out during the seminars / exercises are: correctness, completeness and accuracy of the contents, as well as clarity and argumentative mastery and capacity for critical analysis and re-elaboration.
IUS/10 - ADMINISTRATIVE LAW - University credits: 9
Lessons: 63 hours
Professors:
Goisis Francesco, Pantalone Pasquale
Shifts:
Professor(s)
Reception:
Using Microsoft Teams or face to face, by appointment to be agreed by email.
Microsoft Teams