Università degli studi di Modena e Reggio Emilia

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Marina CAPORALE

Overview

The course addresses origins, evolution and current configuration of administrative justice, from a theoretical and practical perspective, through the in-depth study of jurisprudential cases. For the training objectives, anyway, please see section "Expected learning outcomes"

Admission requirements

Even if there are no prerequisites., However, the study of the subject presupposes knowledge of Constitutional and Administrative law and of Civil Procedure Law.

Course contents

The Administrative Law II course will cover:

PART I – Historical evolution and Principles and Nature of administrative justice (14 hours; 2 CFU):
1) The historical evolution of the Italian administrative justice system;
2) The constitutional principles. Nature of administrative justice
3) Subjective legal positions: subjective right, legitimate interest. The principles of judicial administrative law. Introduction to the Administrative Process Code (Legislative Decree 104/2010 and subsequent amendments and additions).

PART II – The administrative process (35 hours; 5 CFU):
1) The distribution of jurisdiction and the powers of the ordinary judge towards the public administration;
2) The scope of the special administrative jurisdiction and the territorial jurisdiction of the TAR;
3) Action in the administrative process;
4) The introduction of the process;
5) The conduct of the trial;
6) Provisional measures
7) The sentence and its effects;
8) The judgment
9) The compliance process;
10) Appeals
11) Special proceedings
12) Supra-national courts and judgements

Part III (14 hours; 2 CFU):
1) In-depth studies, case analysis, exercises, in particular: invalidity defects, administrative appeals, ordinary and administrative jurisdiction, actions;

Teaching methods

The Course is developed through face-to-face lessons, while encouraging the active participation of students. There will be seminars and lessons held by professionals and experts, focused on the study of practical cases. Interested students can carry out an exercise in Part III of the Course, on jurisprudential cases identified together with the teacher. The exercises will be evaluated for the purposes of the final evaluation (see section "Learning assessment methods". Presentations can only be given by attending students (75% of lessons; all seminars). The evaluation will not be expressed in grades. but it will consist of an assessment of whether the presentation is "suitable" or not.

Assessment methods

Methods and timing: exam will be held through: - a written test consisting of two open questions, to be developed, each, in a front / back protocol page or in a maximum of 3000 characters (if carried out on a computer); the exam will be sufficient if both the answers will be considered sufficient (18); - an oral test, which can be accessed if the written test is sufficient and if students wish to try to improve the mark obtained in the written test. The oral exam can also be requested by the professor. In this case the written exam will not have a mark and the oral exam is compulsory. Both exams are aimed at ascertaining the acquired knowledge of the basic notions of the subject and the degree of in-depth study of the subject. Exam duration: - the written test lasts 2 hours; - the oral exam lasts about twenty minutes. Methods for returning the exam results: The outcome of the written exam is communicated within a maximum of 7 days anyway on time to let the students evaluate whether to carry out the oral test in reasonable time, where they could. The oral exam follows the written exam of maximum 10 days, depending on the availability of the classrooms. If students take the oral exam, the overall outcome of the exam is communicated immediately at the end of the oral exam. Attending students who make an exercise [see above] evaluated as "suitable" by the professor will be able to take the exam answering only to one written question (not two); nothing changes for the oral part of the exam. Method of assigning the score for the final grade: the final grade is awarded on the basis of an evaluation of the outcome of the written exam and the oral exam, also taking into account the active participation of the student in the classroom activity, as well as the outcome of the exercise hel by students, if carried out. ERASMUS should do the exam as above described. The examination will take place in person (not online). The exam dates will be set within the general teaching calendar.

Learning outcomes

Knowledge and understanding:
At the end of the course the students will have acquired critical knowledge of the fundamental characteristics of the administrative justice system as well as knowledge of the main procedural institutions.

Applied knowledge and understanding:
At the end of the course, thanks to in-depth studies on sources and the analysis of concrete cases, and, for those who want to participate in classroom exercises, students will be able to research, understand, and use the main procedural institutions referred to in the Administrative Process Code.

Judgment autonomy:
At the end of the course, students will be able to use the knowledge acquired adequately and independently; they will have acquired the ability to critically analyze the matter to correctly address the main aspects of administrative justice.


Communication skills:
At the end of the course the students will have acquired new skills on a technical-legal level, they will have increased their ability to analyze and summarize the main issues relating to administrative justice, as well as communication and interaction with legal practitioners, especially in the procedural context administrative and, more generally, protection. Students will be able to adequately use conceptual categories, regulatory and jurisprudential references and terms of administrative justice.

Learning ability:
At the end of the course, students will have acquired the ability to use the knowledge acquired autonomously and adequately to continuously update their knowledge and skills in relation to administrative justice. Furthermore, they will have acquired a basic preparation and a method of study and research of regulatory, jurisprudential and doctrinal materials which allows them to independently deal with subsequent phases of further study.

Readings

I testi consigliati sono:
• Lezioni di giustizia amministrativa, A. Travi, Torino, Giappichelli, 2023
• Il diritto amministrativo ella giurisprudenza, M. De Donno, G. Gardini; M. Magri (a cura di), Rimini, Maggioli, 2022. Saranno estratti solo alcuni casi dal volume e saranno individuati secondo le esigenze rilevate dalla docente durante lo svolgimento del Corso, principalmente dalla Parte I (Principi e fonti) e dalla Parte V (Tutele e processo). Le studentesse e gli studenti potranno altresì selezionare alcuni casi quali oggetto delle esercitazioni eventualmente condotte dagli stessi studenti.
• Materiale scaricabile dal sito del Dipartimento (Moodle)


Reference texts

The recommended texts are:
• Lezioni di giustizia amministrativa, A. Travi, Torino, Giappichelli, 2023
• Il diritto amministrativo ella giurisprudenza, M. De Donno, G. Gardini; M. Magri (a cura di), Rimini, Maggioli, 2022. Only a few cases will be extracted from the volume and they will be identified according to the needs thatt will emerge during the course, mainly from Part I (Principles and sources) and Part V (Protections and trial). Students will also be able to select some cases as the subject of exercises possibly conducted by the students themselves.
• Materials downloadable from the Department website (Moodle)