20101121 - ADMINISTRATIVE JUSTICE

The course aims to provide students with knowledge of the administrative justice system by examining the principles and procedural institutions.
teacher profile | teaching materials

Programme

A) History and development of the Italian Administrative Process. The normative evolution: from the Law of 1865 nr 2248 to the Code of Administrative Process (legislative decree of 2010 nr 104).
The role of the UE in the evolution of the Italian Administrative Process
B) Administrative Remedies
C) The judicial review
D) Other Administrative Judges (Corte dei conti and TRIBUNALE SUPERIORE DELLE ACQUE)
E) Alternative Dispute Resolution Remedies in the field of Administrative Law

Core Documentation

M.A. SANDULLI, Il nuovo processo amministrativo - Studi e contributi (Voll. I e II. In particular VOLUME I: INTRODUCTION; from page 61 to page 99; from page 111 to page 350. VOLUME II: from page 47 to page 107; from page 145 to page 152; from page 153 to page 221;from page 415 to page 525), Milano, Giuffrè, 2013.

• A. TRAVI Lezioni di giustizia amministrativa, Giappichelli ult. ed., from page 13 to page 39 ("Le origini del nostro sistema di giustizia amministrativa" e "L'affermazione di una giurisdizione amministrativa" in parte).
The subject is subject to continuous legislative and jurisprudential changes. It is therefore necessary to check the program update up to thirty days before the exam date. A good knowledge of the fundamental reference standard is required:
- Artt. 24, 100, 101, 102, 103, 111, 113 e 125 Cost., art. 47 Carta di Nizza, artt. 6 e 13 CEDU
- L. 20 marzo 1865 n. 2248 All. E
- C.p.a. (D.lgs num. 104 del 2010)
- C.p.c. (articles applicable to the administrative process)
- Directive 89/665
The judgments that will be indicated during the lessons and whose details will be communicated are the object of the examination


Type of delivery of the course

The course is divided into lectures dedicated to the deepening of the institutions of the administrative court procedure, accompanied by the active involvement of students. The course aims to provide a complete knowledge of administrative court procedure and its features with respect to other forms of judicial review, starting from the history of its institution and reaching the concrete application of the institutions in the case law. During the course, students are expected to participate in public hearings before the administrative courts and their involvement in the simulation of hearings.

Attendance

it is suggested to attend the lessons

Type of evaluation

oral examination