The role of public administration in enhancing equitable and sustainable development

A.A. 2018/2019
Insegnamento per
9
Crediti massimi
63
Ore totali
SSD
IUS/10
Lingua
Inglese
Obiettivi formativi
the first module deals with a very important branch of administrative law: environmental law. The aim is to provide a fundamental comprehension of the administrative tools of environmental law, starting from the legal bases, to the methods of coercion that can be used in cases where the private and public bodies do not fulfil their obligations. The focus will be primarily on the EU context.
The second module is intended to provide students with a general knowledge of the organizational and procedural modules applied by national and international public administrations.
Attention will be drawn, especially, to:
· notion and meaning of public administration: in an historical and comparative law prospective.
· organizational structure of Public administration: best possible allocation of competences, according also to the principle of subsidiarity.
· public administration and administrative procedure: the role of administrative procedure in order to assure an open, efficient and independent administration, providing developmental opportunities for the society and preventing discrimination and the phenomena of corruption. In this part of the module, the main principles guiding the public administration's activity will be deepened, also through the analysis of article 41 of the EU Charter of Fundamental Rights and of the jurisprudence of the European Court of Justice on the declinations of "good administration".
The third module will analyse what legal framework can make e-Government effective, and at the same time ensure "value for money" and an adequate protection of the fundamental rights involved.
In all three modules, students will be required to actively participate in class.

Struttura insegnamento e programma

Edizione attiva
Responsabile
IUS/10 - DIRITTO AMMINISTRATIVO - CFU: 9
Lezioni: 63 ore
Programma
· Module I: EU Instruments of Environmental Governance
o The role of environmental law in the EU Treaties
o EU Environmental Governance tools
o EU environmental law principles
o The environmental impact assessment
o The strategic environmental assessment
o The protection of air
o The protection of water
o Waste management in EU legislation
o Enforceability of EU environmental law
· Module II: Introduction to Administrative Law and its Basic Concepts
o Introduction
o The concept of Public Administration
o Administrative procedure
o Administrative acts
o Rule of law, Good Governance and Sustainable Development
o The Administrative Law Perspective
o Enhancing Sustainable Development
· Module III: Digitalization of Public Administration
o introduction
o The concept of E-Government and its tools
o Dematerialization and archiving of Public Administration documents
o Administrative Information Management and E-Government
o Open government
Informazioni sul programma
Public administration can play a central role in enhancing equitable and sustainable development. The way in which public administration operates, provides or restricts information, delivers services, and provides or prevents opportunities, has a direct impact on the economic development of our societies.
The aim of the second semester course entitled "The Role of Public Administration in Enhancing Equitable and Sustainable Development" is to shed light on the way in which public administrations are organized and how they can operate in such a way as to balance the public interests of economic growth with its inevitable externalities.
The first part of the course will be focused on the administrative tools of environmental law, with a particular focus on the provisions set by the European Union. Thanks to this module it will be possible to have an in-depth knowledge of the fundamental legal institutions through which the Union achieves the objectives of sustainable development in a direct and concrete way.
The third part of the course, will focus on the very relevant topic of e-government as a possible tool to enhance sustainable development. This a very relevant topic not only for policy makers (and political scientists): the legal framework of such projects is essential to assure, not only "value for money" but also an adequate protection of the fundamental rights involved.
An optional Legal Clinic will focus on specific aspects, such as: the role of ICT technologies in the economic development, the European Digital Agenda, the Digital Internal Market. The legal clinic will involve the participation of experts in the field. The legal clinic will analyse in depth the specific experience in the European institutions and will be essentially devoted to the analysis of concrete experiences
Propedeuticità
according to didatic regulation of the Course of Law
Prerequisiti e modalità di esame
The final exam will take place in the form of an oral examination. The exam will evaluate the knowledge acquired by the student and his or her ability to properly present the topics covered in class. During the course, students will also be asked to demonstrate their communication and comprehension skills, in particular through participation in the classroom and through individual presentations.
Materiale didattico e bibliografia
1) H. Jans; H.H.B. Vedder, European Environmental Law (Third Edition), Social Science Research Network, Rochester, NY, 2008, chapters I and II only
2) P. Craig,‎ H. Hofmann,‎ J.-P. Schneider (Eds.), ReNEUAL Model Rules on EU Administrative Procedure,‎ 2017, Oxford, Books 1-4 (https://www.amazon.com/ReNEUAL-Model-Rules-Administrative-Procedure-ebo…).
Periodo
Secondo semestre
Periodo
Secondo semestre
Modalità di valutazione
Esame
Giudizio di valutazione
voto verbalizzato in trentesimi
Docente/i
Ricevimento:
Prossime date: 10/6/2019, h. 15.00; 19/6/2019, h. 10.00; 27/6/2019 h. 16.30. Il ricevimento è poi sospeso sino a fine settembre 2019 (Visiting Professor c/o Sydney Law School). Inviare e-mail a diana.galetta@unimi.it
Presso il Dipartimento di Diritto Pubblico Italiano e sovranazionale - Sezione di Diritto amministrativo - Via Festa del Perdono 7