The knowledge to be acquired regards the meanings of the notions of public powers and of public administration in a complex society, as well as the sense of administrative law. Moreover, the legal regulation of the principal functions of the public administrations will be studied, as will the general concepts, principles and institutions having to do with the profiles of the organisation, activities and jurisdictional protection.
W. Gasparri, Elementi di diritto amministrativo. Principi e organizzazione, Torino, Giappichelli, 2017, together with V. Cerulli Irelli, Lineamenti del diritto amministrativo, V ediz., Torino, Giappichelli, 2016, pp. 227-546.
alternatively
D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione,IX ediz., Bologna, Il Mulino, 2018.
Other reference manuals:
- e. casetta, manuale di diritto amministrativo, milano, giuffrè, ult. ediz.
- m. clarich, manuale di diritto amministrativo, bologna, il mulino, ult. ediz.
- r. ferrara, introduzione al diritto amministrativo, roma-bari, laterza, ult. ediz.
- e. picozza, introduzione al diritto amministrativo, padova, cedam, ult. ediz.
- f.g. scoca (a cura di), diritto amministrativo, torino, giappichelli, ult. ediz.
- s. tarullo, manuale di diritto amministrativo, bologna, zanichelli, ult. ediz.
For the preparation of the test is recommended: W. Gasparri, Quesiti di diritto amministrativo, II ediz., Torino, Giappichelli, 2014.
During the lectures will be made available to the attending students, through the appropriate university web platform, lecture notes on the principal elements of the subject.
For legislation, in addition to the website www.normattiva.it (which also provides the historical text of the law) has recommended the collection edited by R. Chieppa, Codice di diritto amministrativo, Milano, Giuffrè, ult. ediz.
Learning Objectives
A) Acquisition of the basic instruments necessary for the in-depth study of: 1) general administrative law from the standpoint of administrative justice; 2) law pertaining to different sectors of action of the public administrations.
B) Capacity to single out the peculiarities that may be present in the relation between a private individual and a public administration compared with a relation between private individuals.
C) Possession of cultural and notional tools sufficient for working practically, even if not autonomously, in public administrations or in contexts of dealings with public administrations.
Prerequisites
For admission to take the exam the candidate must have successfully completed: General Constitutional Law, Private Law I.
Teaching Methods
Traditional classroom lectures. the classroom lectures will be accompanied by the examination of some cases and materials on administrative law according to seminar methods with the active participation of the students.
Further information
Awareness of the problematic nature of the relationship between public interests and private interests in the public administration, as well as the peculiarity of Italian law on public administrations as much for its close relations with private law and for its setting in European law as for the specific importance that general principles, general legislation, sector legislation and administrative jurisprudence assume in it.
Type of Assessment
Final exam for credit: the exam includes, for attending students and for non-attending students, also a multiple choice written test before the test in oral form.
For students attending will be scheduled an intermediate written exam, on a part of the program that in case of positive result will not be the specific object of the final exam.
The examination aims to verify the preparation and presentation skills of each student in relation to the training objectives of the course.
Course program
Public administration, policy, law. Administrative law and private law. Legality in terms of direction and of guarantee. Italian law and EU law. The characteristics, acts, subjective legal status and organisational apparatus of the different functions (regulations, services, instrumental and auxiliary functions). General notions, principles and problems concerning administrative organisation. Substantive principles pertaining to administrative activities. Administrative proceedings and the conclusion thereof with unilateral measures or consensual acts. Invalidity and irregularity of administrative acts and their consequences. The responsibility/liability of public administrations. Legitimate interests and the system of jurisdictional protection.