Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2013/2014
Belonging course: 
Location: 
Napoli
Disciplinary sector: 
ADMINISTRATIVE LAW (IUS/10)
Language: 
Italian
Credits: 
8
Year of study: 
4
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
64

Language

Italian

Course description

The course aims to examine in-depth the general and specific issues to the extent to offer the students professional instruments to become legal operators. The course aims to train professional figures provided with specific knowledge and competences and able to become legal advisers for enterprises. In a perspective oriented to the comparative analysis and to the administrative legislation exegesis, the course will offer the students the interpretative and methodological knowledge related to the judicial models and to the principal procedural tools aimed to better the problem solving skills in the work environment, as well as the to learn a technical language useful to acquire a specific competence. The course focuses on the analysis of specific disciplines, as for example the public contracts, scanning the related problems, offering the students a proper knowledge of the public procurement discipline according the new Italian Code.

EXPECTED LEARNING RESULTS:
1) Knowledge and understanding skills. The student must demonstrate that he has acquired a basic knowledge of the functioning of the administrative process system, in the light of the principles and institutions that have characterized the evolution of judicial protection against administrative power. The student must also demonstrate mastery of the fundamental principles applied to the different phases of the judgment of cognition and special rites.
2) Ability to apply knowledge and understanding. The student must be able to apply the lessons learned to concrete cases and specific contexts, demonstrating the complete and acquired knowledge and understanding of the system of administrative justice, forms of protection and jurisprudence evolution on the main substantive and procedural issues of matter.
3) Making Judgment. The student must be able to express his / her views by assuming arguable and legally sustainable positions in relation to the topics covered.
4) Communication. The student must be able to express himself with technical language skills.
5) Learning skills. The student must be able to reconstruct the historical and evolutionary profiles of administrative procedural law, illustrating the procedural rules applied to the institutes and the various rites, outlined in the Administrative Process Code and in other sources.

Prerequisites

Knowledge of the principles and institutions of administrative law, constitutional law and private law.

Syllabus

General Section: The principles of administrative justice. Individual legal situations and the judicial protection in the rapports of public law. Ordinary jurisdiction and administrative jurisdiction: allocation criteria. Jurisdiction of the administrative courts: types and characteristics. Carryng out of the administrative process. The first instance trial: judgement establishment and individuation of the parties: The additional grounds. The cross-appeal. The interim legal protection. Preliminary activity. Court decision. The final judgement: Execution of the final judgement. The judgement of execution. The decision's chellenge: appeal, revocation and third party proceedings. Appeal to the court of Cassation. Special rites: Non-judicial remedies: the administrative remedy. The extraordinary appeal to the President of the Republic. Administrative justice costs for citizens and business. Pinto Law, the judgement of execution and astreinte. The new public contract code and the peculiarities of public procurement judgement.
Special Section: The relevance of time in the proceeding and in the adiministrative process. Reconstructive cues on the delay and inertia of public administration. Damage caused by delay: notion, categories, responsabilities of the Public Administration; damage reparation: conditions, evidence criteria for quantifying the damage. Compensation for not pecuniary damage.

General Section (48 hours): The principles of administrative justice. Individual legal situations and the judicial protection in the rapports of public law. Ordinary jurisdiction and administrative jurisdiction: allocation criteria. Jurisdiction of the administrative courts: types and characteristics. Carryng out of the administrative process. The first instance trial: judgement establishment and individuation of the parties: The additional grounds. The cross-appeal. The interim legal protection. Preliminary activity. Court decision. The final judgement: Execution of the final judgement. The judgement of execution. The decision's chellenge: appeal, revocation and third party proceedings. Appeal to the court of Cassation. Special rites: Non-judicial remedies: the administrative remedy. The extraordinary appeal to the President of the Republic. Administrative justice costs for citizens and business. Pinto Law, the judgement of execution and astreinte. The new public contract code and the peculiarities of public procurement judgement.
Special Section (16 hours): The relevance of time in the proceeding and in the adiministrative process. Reconstructive cues on the delay and inertia of public administration. Damage caused by delay: notion, categories, responsabilities of the Public Administration; damage reparation: conditions, evidence criteria for quantifying the damage. Compensation for not pecuniary damage.

Teaching Methods

Frontal lessons, seminar meetings on specific topics, classroom exercise.

Textbooks

General section: F.G. Scoca (a cura di), Giustizia amministrativa, Torino, Giappichelli, ult. ed. In alternativa: A. Travi, Lezioni di giustizia amministrativa, Torino, Giappichelli, ult. ed. Special section: M. D'Arienzo, La tutela del tempo nel procedimento e nel processo. Silenzio patologico e danno da ritardo: profili sostanziali e processuali, Napoli, ESI, 2012. The Professor also reserves the right to distribute during the course supplementary didactic material to undertake specific questions that are an integral part of the examination program.

Learning assessment

Oral examination, divided into questions ranging from the entire examination program to the assessment of the level of learning of the principles, notions and arguments discussed. Such verification will be conducted on the basis of the following criteria:
1. Number of the exam phases: 1
2. Exam objectives: verification of the student knowledge level about the principal course issues;
3. Exam methodology: oral exam
4. Time sheet: based on the Department exam calendar
5. Duration: 30 min
6. Tipology: conversation
7. Final exam evaluation: the student will gain the minimum score when he will be able to demonstrate the acquisition of basic knowledge related to the institutional frame work, to the source hierarchy, to the judicial protection. The student will gain the maximum score when he will be able to demonstrate to have fully achieved the expected results, according to the Dublin indicators.

More information

Preparatory courses:
Administrative law