The course aims to provide students with an updated and adequate knowledge of the complex system of responsability of Public Administration. The course deals with the topics of pre-contractual liability, illegitimate provision, liability from illegal behavior, liability of public employees in special subsectors such as the health sector, the scholastic one and the administration of justice.
Starting from the evolution of the responsability of Public Admnistration for damages and from the introduction of the concept of fault by that, the student will be able to know, through the study of cases, the most important judgments of the main Courts in the field of liability (pre-contractual, contractual and non-contractual) and to recognize the points of criticism in the activities of Public Administration, potentially prejudicial to the subjective legal position of the private party.
Starting from the evolution of the responsability of Public Admnistration for damages and from the introduction of the concept of fault by that, the student will be able to know, through the study of cases, the most important judgments of the main Courts in the field of liability (pre-contractual, contractual and non-contractual) and to recognize the points of criticism in the activities of Public Administration, potentially prejudicial to the subjective legal position of the private party.
teacher profile teaching materials
Programme
The range of topics covers pre-contractual liability, liability from illegitimate provision, from illegal behavior (in specific cases, such as ablative activities, road traffic, illegal processing of personal data); liability of the public employee and of the structure in special subsectors such as health care, education and the administration of justice.Core Documentation
The teaching material (essays, sentences and related comments) will be made available to all students through Moodle during the course.Reference Bibliography
The teaching material (essays, sentences and related comments) will be made available to all students through Moodle during the course.Type of delivery of the course
The course reconstructs, through the study of cases, the long path that has led to the imputability of the PA for tort and that has over time expanded the hypothesis of reparable damage and outlined the protection of legitimate interest and the concept of guilt of the Public Administration. The main lines of case law on liability (pre-contractual, contractual and non-contractual) will be analysed.Type of evaluation
The student, through the exposure of single arguments and of some case-law, will have to demonstrate that he recognizes the criticalities of the activity of the public administration potentially damaging the subjective legal position of individuals.