Social sciences and humanities
Subject: ADMINISTRATIVE LAW I (A.A. 2022/2023)
Unit Diritto amministrativo I
Administrative Law (lesson)
The course aims to provide a complete, deep, updated and problematic knowledge of present Italian and extra-national Administrative Law, both under the theoretical aspect, both in its actual applications.
None. Knowledge of the following subjects is nonetheless recommended: Constitutional law, Administrative Law I, Civil Procedure and Private Law.
Content of the course
I part: the bases of Administrative Law (2 CFU):
General notions of administrative law and public administration. The principles and the sources of administrative law. Constitution and public administration.
The administrative function, administrative discretion and subjective legal situations.
II part: organization and civil servants of the Administrativons (2 CFU):
The administrative organization. Tipes, legal entities, bodies and offices. Independent authorities. Publicly owned companies. Public services. Work in public administrations. The distinction between politics and administration and administrative management.
III part: the activity of public administrations (3 CFU):
The regulatory function. General administrative acts.
The administrative power, the procedure, the provision. The invalidity of the administrative act. Second degree administrative proceedings. The contracts.
IV part: Responsibility of public administrations and extranational administrative law (2 CFU):
The responsibility. Administrative law beyond the State: global administrations and European Administrations.
The course is developed through lectures and seminars, addressed to the deepening of specific themes with the experts, through the examination of case studies. With the right conditions, it is possible that the lectures will follow a dinamic and dialectic approach, in order to actively involve the students with questions and open debates in the classroom. The teaching will be delivered in person, or remotely (in streaming and/or asynchronous mode) if the health conditions and the consequent organizational measures so require, in Italian language. In case of variations or problems, students will be promptly updated and informed accordingly. Attendance to the lessons is not compulsory, but strongly recommended.
Verification of learning Methods and timing: the verification of learning is carried out at the end of the course, through an oral exam. Characteristics of the tests in relation to the expected learning outcomes: the interview is aimed at verifying the degree of in-depth knowledge acquired in relation to knowledge and understanding of the subject, the ability to connect between the various institutes, the mastery of technical-legal language, the competence in using regulatory sources and in relating to jurisprudential cases. Duration of the test: the oral interview lasts about 30 minutes and it is composed by 3 or 4 questions. Methods for returning the test results: the final grade of the exam is assigned on the basis of the outcome of the oral interview and is communicated at the end of the interview itself. Verification of learning takes place in the same ways and on the same program regardless of attendance. The examination will take place in the presence, compatibly with health provisions or with particular technical needs. Evaluation criteria: - knowledge of the discussed themes; - Capacity to deepen issues; - Capacity to use knowledges; - Capacity to connect knowledges; - Skills with legal language; - Capacity to discuss and defend thesis; - Capacity in research, comprehend, interpret and use relevant legal sources; - autonomy of judgment, that is the capacity to use a critical approach and formulate evaluations. The exams are organized during the didactic calendar and for each session students will have to submit their registration using the Esse3 platform. No preliminary or mid-term tests or examination are foreseen.
Expected learning outcomes
On the basis of the path followed, the student must achieve the following results:
(a) KNOWLEDGE AND UNDERSTANDING
Knowledge of institutional profiles of matter, with particular attention to the dynamics of the relationship between government and citizens and awareness of the transformations of administrative law in relation to European Union law and international law;
(b) APPLYING KNOWLEDGE AND UNDERSTANDING
Ability to apply their knowledge in legal matters of an administrative nature, in order to be able to formulate and argue independent judgments and to identify appropriate solutions with regard to concrete cases;
(c) COMMUNICATION SKILLS
Ability to communicate clearly, both orally and in writing, to specialists and non-specialists, content related to normative materials, case law and doctrine, or to report on concrete cases.
(d) LEARNING SKILLS
Acquisition of a basic preparation and a method of study and research of materials regulations, case law and doctrine that allows him to independently meet subsequent phases of the study of further study.
(e) AUTONOMY OF JUDGEMENT
Capacity to analize and assess legal texts and documents and legal analysis
Tutti gli studenti, anche quelli che hanno frequentato il corso negli anni precedenti, sono tenuti a preparare l’esame seguendo il presente programma.
Materiale didattico obbligatorio:
- Legge 7 agosto 1990, n. 241 sul procedimento amministrativo (versione aggiornata al 2021 da scaricare su www.normattiva.it e da tenere a portata di mano durante la lezione)
- D.lgs 30 marzo 2001 n. 165 sull’ordinamento del lavoro alle dipendenze delle amministrazioni pubbliche (versione aggiornata al 2021 da scaricare su www.normattiva.it e da tenere a portata di mano durante la lezione).
Manuale e dispense:
M. D'Alberti, Lezioni di diritto amministrativo, Giappichelli, Torino, 2021. Il testo è presente in biblioteca.
Dispense aggiuntive sul diritto extra-nazionale da scaricare dl sito internet del Dipartimento: https://moodle.unimore.it/course/view.php?id=4395
Gli studenti Erasmus sono invitati a contattare il docente per indicazioni sul manuale su cui studiare.