Programme

The Course is divided into five sections:
I. General overview of the most important systems of administrative law around the
world.
II. The role of government, public powers and human rights.
III. Delegation, expertise and contracting out.
IV. The regulation of administrative action. Cost-benefit analysis, administrative
procedures and transparency.
V. Judicial review and administrative litigation.

Core Documentation

Required reading for the class discussion

Napolitano, Giulio, “Comparative Administrative Law. Cases and Problems.”
(2024).

Suggested preliminary readings

Bignami, Francesca. "Comparative Administrative Law." The Cambridge
Companion to Comparative Law (2012): 145-170.
Boughey, Janina. "Administrative Law: The Next Frontier for Comparative Law."
International and Comparative Law Quarterly 62.01 (2013): 55-95.
Napolitano, Giulio, “The Transformations of Comparative Administrative Law.”
Rivista trimestrale di diritto pubblico (2017): 997-1003

The preliminary and the required readings will be available on the platform
Elearning.

Type of delivery of the course

The course provides an introduction to the study of comparative administrative law for both theoretical and practical purposes. On the one side, the course offers an intellectual framework to better understand the role of government and the different regulatory techniques existing in various jurisdictions, at national and supranational level. On the other side, the course prepares future lawyers and consultants to provide advice to companies and to individuals on investment, business and policy-making decisions, in relation to the different legal and administrative framework of each jurisdiction. The course is highly recommended to Erasmus and foreign students too. The Course consists of lectures (section I) and case law discussions (section II-V), meant to encourage active students’ participation. Each case will be examined in the context of its specific jurisdiction and through comparative overview. Students’ evaluation will be based on class work, oral presentations and comments, and a final paper. Academic papers, cases and materials will be made available in class and on the website. The materials will be downloaded through the Elearning platform before the beginning of the course. Students are required to read the cases and to engage in class discussion.

Attendance

Class attendance is required and is very important. In case of clashes with other classes, students are allowed to alternate their presence in the overlapping day. The classes will be held according to the calendar published close to the lessons on the department's website

Type of evaluation

The final examination is divided into two parts 1.A 4,000-word paper on a comparative administrative law topic previously agreed upon with the professor. Papers must be submitted at least seven days before the day of the exam to receive suggestions and corrections. In the oral examination, students will present and discuss the paper. 2.A written test with three open-ended questions (maximum 15 lines), graded in tenths for a total score of 30. The duration of each test is 30 minutes. For attending students, active participation in class discussion will also be assessed and 1 to 3 points will be added to the written test grade depending on the intensity and quality of attendance.