22910296 - Diritto amministrativo delle nuove tecnologie

Administrative law and new technologies

Educational objectives: The course aims at providing students with the knowledge and skills necessary to understand the administrative system in which they will work, having regard to the organization and activities of public administrations, also in the light of the issues which arise from the use of the new technologies, and in particular the E-government, E-governance, the tools provided by the Italian Code of digital administration and the protection of the privacy in constant dialog with European Union law.

Expected learning outcomes:

Knowledge and understanding:
At the end of the course, the students will have knowledge and understanding of the administrative system in which they are called to operate, having particular regard to the issues raised by the use of new technologies, through the study of legal texts, doctrinal elaborations and the analysis of specific cases.

Applying knowledge and understanding:
At the end of the course the students will be able to adequately understand the Italian administrative reality also in the context of the European integration process, as well as to deal with a legal text on which they will be able to carry out a critical analysis.

Making judgements:
The course aims at developing the ability to understand and evaluate the Italian administrative system also in the light of the use of new technologies, favoring the acquisition of a critical analysis capacity regarding individual legal texts as well as administrative law as a whole

Communication skills:
The course aims at developing the acquisition of a technical-legal language skill, in the more general context the use of new technologies in public administration activities, also in their relationship with the citizens.

Learning skills:
The course aims to develop the ability to use the legal instrument in order to obtain a greater and autonomous understanding of the reality, also in the workplace, within an increasingly technological context.

teacher profile | teaching materials

Programme

The first part of the course is dedicated to the fundamentals of administrative law:
- The development of administrative law
- Public administration and its law: the characteristics of administrative law
- The principles of the administrative action
- The administrative procedure: structural and functional profiles, participatory institutions, forms and instruments of simplification, the PNRR
- Administrative transparency and the various forms of access to documents.

The second part of the course deals, more specifically, with the issue related to the use of new technologies between Italian and EU law:
- Digital administration, e-government and open-government
- The digitilalisation process of the public administrations in Italy: outline
- Bodies responsible for the control and development of the digitalization process: the Agency for Digital Italy (AgID), the Department of the Presidency of the Council of Ministers for the digital transition, the Minister for technological innovation, Sogei
- Digital citizenship and the right to use technologies
- Administrative procedure, administrative provision and digital technologies
- Digitalisation and the European market: The green pass, the SOLVIT network for resolving disputes between citizens and public administrations, the Internal Market Information System (IMI) and the European Professional Card.


Core Documentation

All texts and materials are available on-line (formonline - moodle). In case of problems in finding the materials, please send an e-mail to Professor Lottini at her institutional address.

The mandatory materials (for students who attend the lectures and for students who do not attend the lectures) are:
1. a set of slides titled 'administrative law 1'
2. M. Lottini, Digital administration, e-government and open-government
3. M. Lottini, The SOLVIT network: a tool for resolving cross-border disputes, in Italian Journal of Community Public Law, 6, 2006
4. M. Lottini, European green pass: cooperation and new technologies in the single market, Ceridap, 1/2022.

Reference Bibliography

For an individual study of the topics dealt with, please refer to: - a set of slides entitled 'administrative law 2' made available on formonline - M. D’Alberti, Lessons in administrative law, Giappichelli, latest edition available - R. Cavallo Perin and D.U. Galetta, The law of digital public administration, Giappichelli, 2020.

Type of delivery of the course

The course includes half on-site lectures and half on-line lectures which will be recorded and kept available for students. During the lessons, the active participation of students will be encouraged, to stimulate reflection, critical and research skills. In the event of an extension of the emergency due to COVID-19, all the provisions governing the methods of carrying out educational activities will be implemented.

Attendance

Attendances is not compulsory, but strongly recommended.

Type of evaluation

The exam will take place in oral form. In particular, the test will be evaluated by a minimum grade of 18/30 which requires a basic knowledge of the topics covered, to the maximum grade of 30/30 cum laude which requires an excellent knowledge of the program, ability to connect the different topics covered and language skills. For students who attend the lectures, the possibility of taking an early session test will be taken into consideration. In the event of an extension of the emergency due to COVID-19, all the provisions governing the methods of student evaluation will be implemented. To have access to the exam, students must pre-register online, in case of difficulty in registering, it is necessary to notify the professor within the day before that of the exam, by sending an e-mail to his institutional address.