Programme

The course will focus, at first, on the sources of Administrative Law, that is the normative acts regarding public administration institutions and key principles governing their activities.
Second, we will analyze the organizational structure of public administration institutions, with particular regards to its territory organization, the juridical subjects of which it is composed, and the operational, human and financial resources used.
More, we will analyze in detail authoritative activities of public administrations - highlighting the administrative proceeding process, the administrative act process and related pathologies – and consensual activities as well.
The course will then focus on the subjective legal rights of individual citizens facing public administration and the related form of protection.
Finally, the course will treat the relationship between public power and different market actors, such as regulators, private and public networks, public services operators, infrastructures and establishments of public demand.

Core Documentation

Principi di diritto amministrativo, G.Rossi, Giappichelli, ed. 2020 (Quarta edizione)
Mercati e istituzioni in Italia, E.Cardi, Giappichelli, V ed. 2022, capp. IV, V, VI

Programme

The course is divided into five teaching modules.
In the first, the different administrative functions and their impact on the lives of citizens and businesses are analyzed.
In the second, the organizational design of the public organization is reconstructed, noting that each organizational model is marked by a different "logic of collective action."
In the third module, the different manifestations of administrative action are examined, highlighting, in particular, the characters of administrative power and discretion and the areas of contractual autonomy.
In the fourth module, the study of the different techniques of regulation of administrative action, both authoritative and contractual, aimed at ensuring the pursuit of the public interest and avoiding abusive behavior of the public administration to the detriment of private parties is explored.
In the fifth (and final) module, the means of protection provided by the legal system for individuals who complain about the violation of their rights and interests are highlighted.
The exposition of the discipline of the subject will be conducted through the collective discussion of practical cases and judgments, highlighting the legal framework, the strategies pursued by the various actors, the outcome of the judgment, its concrete consequences and the underlying general problems.

Core Documentation

There are two texts for exam preparation: the textbook and the case collection.

The recommended textbook is the following: G. Napolitano, "The Logic of Administrative Law," Bologna, Il Mulino, 3rd ed., 2020. An initial reading of the textbook in advance at the beginning of the course or, at any rate, of individual lectures is highly recommended. In fact, the study of the logic of administrative law is a prerequisite for a better analysis and understanding of the legislative texts, cases and strategies of administrative law that will be discussed in the classroom.

The collection of cases is: G. Napolitano (ed.), "Cases and Strategies of Administrative Law," online publication, 6th ed., 2023. This is a guided collection of cases and judgments curated by the lecturer and chair associates that will be available online on the Elearning platform. Prior reading of the texts and cases to be discussed in the corresponding lecture is recommended.
The course provides different treatment between attending and non-attending students for the purpose of passing the exam.

Type of delivery of the course

The exposition of the discipline and its reconstructive and interpretative criteria will be carried out in lectures and during the joint discussion of practical cases and judgments, highlighting the relevant legal framework, the strategies pursued by the various actors, the judge's reasoning, the outcome of the judgment, its concrete consequences and the underlying general problems. Active participation of students during lectures through questions, interventions and joint discussions is strongly encouraged.

Attendance

Students in the course are divided into attending and non-attending. Special rules apply to Erasmus students. Attending students are those who are present in the classroom and actively participate in lectures. For this purpose, attendance will be recorded and a record will be kept of interventions made in the classroom. Absences are allowed for a maximum of three lectures in each of the two teaching blocks (first block : modules I,II, III, second block : modules IV, V). It is necessary to speak in the common discussion at least three times in each didactic block. Attendance at the course, while recommended, is not mandatory, Non-attending students, therefore, may take the exam on the entire program as indicated. The exam may also be taken by incoming and outgoing Erasmus students. Especially the former are recommended to attend classes.

Type of evaluation

The course provides different treatment between attending and non-attending students for the purpose of passing the exam. Examination arrangements for attending students Attending students may take two intermediate assessment tests at the end of each of the two teaching blocks. The tests will cover the general institutes and case law cases discussed during the lectures (up to the date of the test), as well as the chapters of the textbook pertaining to them. The test will consist of three open-ended questions (maximum 15 lines each), graded in tenths, for a total score of 30. The test will have a duration of 30 minutes. Specifically, the student will have to frame the legal institution and recall the principles and issues of law emerging in the relevant cases. Attending students who have actively attended classes and taken both exonerations, achieving a grade of at least passing (18/30) for each, will take the final test on the day of the exam. The final test consists of an open-ended question (maximum 15 lines) covering the entire course syllabus. The grade will be calculated from the average obtained in the intermediate assessment tests, with the possibility of a decrease or increase in score at the sole discretion of the examination committee of -2, -1, 0, 1 and 2. For students scoring 28 or above in the midterm tests, the final examination will be oral instead of written. An oral question is also provided for all those who scored 28 or higher on the final written test. Examination arrangements for non-attending students. For non-attending students, the examination consists of a written test and a possible oral assessment. The written test consists of three open-ended questions (maximum 15 lines), graded in tenths for a total score of 30. The test will have a duration of 30 minutes. In particular, the student will have to frame the institution and recall, as well, the principles of law contained in the cases dealing with it. For students scoring 28 or higher, an oral question is scheduled. For the purpose of the best preparation for the written test, students are recommended to practice individually with special simulations. Examination arrangements for Erasmus students. Erasmus students arriving from abroad at our University may agree with the lecturer on special arrangements for passing the exam, subject to studying the book.

Programme

The course will focus, at first, on the sources of Administrative Law, that is the normative acts regarding public administration institutions and key principles governing their activities.
Second, we will analyze the organizational structure of public administration institutions, with particular regards to its territory organization, the juridical subjects of which it is composed, and the operational, human and financial resources used.
More, we will analyze in detail authoritative activities of public administrations - highlighting the administrative proceeding process, the administrative act process and related pathologies – and consensual activities as well.
The course will then focus on the subjective legal rights of individual citizens facing public administration and the related form of protection.
Finally, the course will treat the relationship between public power and different market actors, such as regulators, private and public networks, public services operators, infrastructures and establishments of public demand.

Core Documentation

Principi di diritto amministrativo, G.Rossi, Giappichelli, ed. 2020 (Quarta edizione)
Mercati e istituzioni in Italia, E.Cardi, Giappichelli, V ed. 2022, capp. IV, V, VI

Programme

The course is divided into five teaching modules.
In the first, the different administrative functions and their impact on the lives of citizens and businesses are analyzed.
In the second, the organizational design of the public organization is reconstructed, noting that each organizational model is marked by a different "logic of collective action."
In the third module, the different manifestations of administrative action are examined, highlighting, in particular, the characters of administrative power and discretion and the areas of contractual autonomy.
In the fourth module, the study of the different techniques of regulation of administrative action, both authoritative and contractual, aimed at ensuring the pursuit of the public interest and avoiding abusive behavior of the public administration to the detriment of private parties is explored.
In the fifth (and final) module, the means of protection provided by the legal system for individuals who complain about the violation of their rights and interests are highlighted.
The exposition of the discipline of the subject will be conducted through the collective discussion of practical cases and judgments, highlighting the legal framework, the strategies pursued by the various actors, the outcome of the judgment, its concrete consequences and the underlying general problems.

Core Documentation

There are two texts for exam preparation: the textbook and the case collection.

The recommended textbook is the following: G. Napolitano, "The Logic of Administrative Law," Bologna, Il Mulino, 3rd ed., 2020. An initial reading of the textbook in advance at the beginning of the course or, at any rate, of individual lectures is highly recommended. In fact, the study of the logic of administrative law is a prerequisite for a better analysis and understanding of the legislative texts, cases and strategies of administrative law that will be discussed in the classroom.

The collection of cases is: G. Napolitano (ed.), "Cases and Strategies of Administrative Law," online publication, 6th ed., 2023. This is a guided collection of cases and judgments curated by the lecturer and chair associates that will be available online on the Elearning platform. Prior reading of the texts and cases to be discussed in the corresponding lecture is recommended.
The course provides different treatment between attending and non-attending students for the purpose of passing the exam.

Type of delivery of the course

The exposition of the discipline and its reconstructive and interpretative criteria will be carried out in lectures and during the joint discussion of practical cases and judgments, highlighting the relevant legal framework, the strategies pursued by the various actors, the judge's reasoning, the outcome of the judgment, its concrete consequences and the underlying general problems. Active participation of students during lectures through questions, interventions and joint discussions is strongly encouraged.

Attendance

Students in the course are divided into attending and non-attending. Special rules apply to Erasmus students. Attending students are those who are present in the classroom and actively participate in lectures. For this purpose, attendance will be recorded and a record will be kept of interventions made in the classroom. Absences are allowed for a maximum of three lectures in each of the two teaching blocks (first block : modules I,II, III, second block : modules IV, V). It is necessary to speak in the common discussion at least three times in each didactic block. Attendance at the course, while recommended, is not mandatory, Non-attending students, therefore, may take the exam on the entire program as indicated. The exam may also be taken by incoming and outgoing Erasmus students. Especially the former are recommended to attend classes.

Type of evaluation

The course provides different treatment between attending and non-attending students for the purpose of passing the exam. Examination arrangements for attending students Attending students may take two intermediate assessment tests at the end of each of the two teaching blocks. The tests will cover the general institutes and case law cases discussed during the lectures (up to the date of the test), as well as the chapters of the textbook pertaining to them. The test will consist of three open-ended questions (maximum 15 lines each), graded in tenths, for a total score of 30. The test will have a duration of 30 minutes. Specifically, the student will have to frame the legal institution and recall the principles and issues of law emerging in the relevant cases. Attending students who have actively attended classes and taken both exonerations, achieving a grade of at least passing (18/30) for each, will take the final test on the day of the exam. The final test consists of an open-ended question (maximum 15 lines) covering the entire course syllabus. The grade will be calculated from the average obtained in the intermediate assessment tests, with the possibility of a decrease or increase in score at the sole discretion of the examination committee of -2, -1, 0, 1 and 2. For students scoring 28 or above in the midterm tests, the final examination will be oral instead of written. An oral question is also provided for all those who scored 28 or higher on the final written test. Examination arrangements for non-attending students. For non-attending students, the examination consists of a written test and a possible oral assessment. The written test consists of three open-ended questions (maximum 15 lines), graded in tenths for a total score of 30. The test will have a duration of 30 minutes. In particular, the student will have to frame the institution and recall, as well, the principles of law contained in the cases dealing with it. For students scoring 28 or higher, an oral question is scheduled. For the purpose of the best preparation for the written test, students are recommended to practice individually with special simulations. Examination arrangements for Erasmus students. Erasmus students arriving from abroad at our University may agree with the lecturer on special arrangements for passing the exam, subject to studying the book.