The knowledge to be acquired includes the meanings of the notions of public powers and of public administration in a complex society, as well as the role 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.
D. Sorace, Diritto delle amministrazioni pubbliche. Una introduzione, , Bologna, Il Mulino, 2018.
M. Clarich, Manuale di diritto amministrativo, Bologna, il mulino, 2019.
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, enabling to work in or with public authorities.
Prerequisites
For admission to take the exam the candidate must have successfully completed the study of 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
The exam is both written and oral. The written exam includes a multiple choice test (15 questions) and two open questions. The oral exam is compulsory for students having obtained an assessment between 18 and 21 and between 28 and 30; for others it is optional.
For those attending regularly the course, an intermediate written exam is optionally provided (according the same rules of the final written exam: 15 close-ended questions and 2 open ended questions - same rules for the assessment) , on the first half of the program (which then will not be part of the final exam). The final assessment will be determined as the average of the intermediate exam assessment and those of the final one.
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.