The aim of the course is to provide students with a basic knowledge of the principles and general institutes of administrative law, of the peculiarity of legal relations with the public administration and of the methods of exercising administrative action. Special attention will be reserved to the manifestations of the administrative power through the reading and the critical comment of normative texts and sentences.
Expected learning outcomes, in accordance with Dublin descriptors:
At the end of the course the student must demonstrate that he has acquired the following skills and knowledge:
Knowledge and understanding
a) depth knowledge of the legal rules governing the organization and activity of the public administration, b) research skills in legislation and jurisprudence which "build" administrative law, c) ability to analyze from a legal point of view the manifestations of administrative power;
Applying knowledge and understanding
2) The student will acquire the ability to apply the principles and the disciplines learned to critically analyze the organization and the administrative activity allowing him to understand and manage the legal relationships of administrative law. This will allow him to carry out professional activities both within the public administration and in the context of professional activities (lawyer or judge);
3) ability to find documents, jurisprudence and data in order to critically analyze the activities of the public administration and to identify the legally correct solutions for managing administrative law relationships. The acquisition of skills in question will be verified through the discussion in the classroom of concrete cases;
4) Autonomous critical ability of judgment and argumentation regarding the legal profiles of the administrative activity with particular reference to cases in which the administrative power is manifested. The communication skills in question will be stimulated through the discussion in the classroom of concrete cases.
Lifelong learning skills
5) the ability to learn and evaluate critical autonomy in order to the problems of our administrative system and its evolutions will be verified by integrating the lectures with the discussion of concrete cases.
Passing exams in public law and private law. Acquisition of the basic notions of: legal system, sources of law, constitutional principles; legal capacity, legal relationship, negotiating activity, legal act.
The constitutional principles of administrative action; The sources of administrative law; Administrative functions and public services; Public bodies, bodies governed by public law and companies governed by public law; The structure of public organization: the organic relationship and the service relationship; The distinction between politics and administration. Public management; The subjective legal situations; The activity of private law of public administrations; The authoritative activity of public administrations; The discretion; The administrative procedure; The consensual activity of public law; Administrative measures; Existence, validity and effectiveness of administrative acts; The defects of administrative acts; Second level administrative measures; Civil liability of public administration and public officials.
1) Public administration and administrative law (5 hours):
1.1 The "problem of administrative law;
1.2 The sources of administrative law:
Legislative sources, secondary sources (Regulations), European sources; 1.3 The training and basic characteristics of the administrative system. 2) The public administration in the constitutional set-up of public authorities (5 hours): 2.1 Public administration in the Constitution; 2.2 Principle of loyal collaboration, connecting bodies and substitutive powers; 2.3 Private subjects in administrative activities, horizontal subsidiarity, 2.4 Politics and administration. 3) Public administrations as organizations (10 hours): 3.1 public organizations and legal entities; 3.2 government administrations; 3.3 public bodies; 3.4 public enterprise; 3.5 private offices in public administration. 4) General organization of the public organization (5 hours): 4.1 Framework of the general discipline; 4.2 Assets and personnel; 4.3 the office relationship; 4.4 Types of offices; 4.5 inter-organic relations. 5) Type of activities and general principles (10 hours): 5.1 Administrative activity between administrative law and common law; 5.2 general principles of administrative activity; 5.3 The typical form of exercise of power and legal relationships under public law: 5.4 The discretion in the exercise of power; 5.5 Type of administrative powers. 6) The administrative procedure (10 hours): 6.1 The principle of the procedure; 6.2 The phase of the initiative; 6.3 The person responsible for the procedure; 6.4 The preliminary phase; 6.5 The right of access: 6.6 The obligation to conclude the procedure and the question of silence. 7) The decision-making phase (10 hours): 7.1 The decisional phase; 7.2 The acts; 7.3 The negotiated decisional phase; The tacit decision-making phase. 8) The administrative acts and its effectiveness (10 hours): 8.1 The effectiveness of the administrative provision and the general theory of the effectiveness of legal acts; 8.2 The execution of the administrative acts and the problem of execution; 8.3 Type of measures for the acts content; 8.4 Ways of lasting effectiveness and revision procedures. 9) Administrative invalidity (10 hours): 9.1 The invalidity of administrative acts and the general theory of invalidity of legal acts; 9.2 Review procedures. 10) Public contracts (5 hours): 10.1 Principles; 10.2 The competition; 10.3 The award.
Vincenzo Cerulli Irelli, Lineamenti del Diritto Amministrativo, Giappichelli, last edition.
1. Number of exam phases: 1
2. Exam objective: the test is aimed at verifying the knowledge of the institutes and their correlations through an adequate exhibition capacity.
3. Exam methodology: oral
4. Timing: according to the Department exam calendar;
5. Duration: about 20 minutes; 6. Typology: conversation 7. Exam final evaluation: the student will achieve the minimum score if he can demonstrate the acquisition of basic knowledge concerning the organization of the public administration, the administrative law, the procedure and the administrative acts. The student will reach the maximum score when he demonstrates that he has fully achieved the expected results, according to the Dublin descriptors.