Course program
The concepts of public administration and administrative law. The sources of administrative law (legislative and administrative competence of central and local authorities). Constitutional principles (approx. 12 hours).
The public organization and its recent reforms. Administrative action and its principles. The administrative process: phases and guarantees. Discretion (approx. 24 hours).
Administrative decisions and their typology. The different pathologies of administrative decisions. Administrative action and private law (approx. 12 hours).
The administrative justice system and its evolution. Constitutional principles. The jurisdiction of Administrative and Civil Courts.Judicial competence. (approx. 8 hours).
Administrative appeals and judicial review. Different actions and remedies.Standing requirements. Terms and contents of the application for judicial review. The respondents and other parties (approx. 8 hours).
Burden of proof. Interim relief. Final decisions and their effects. Appeals. (approx. 8 hours).
Prerequisites
The student has to be acquainted with the basics of public and constitutional law, in particular with its fundamental notions about the hierarchy of norms and the principle of legality, and the constitutional principles regarding the Government, the Parliament and Public Administrations.
Books
Marcello Clarich, Manuale di diritto amministrativo, VI ed., 2024
Guido Corso, Manuale di diritto amministrativo, XI ed., 2023
Teaching mode
The course will consist of lectures and discussion of cases and materials, which will be made available on the Moodle Platform.
Frequency
The attendance is recommended
Exam mode
The exam aims at assessing the knowledge of the main topics analyzed during the course, as well as the capability to carry out a logical and correct legal analysis. In particular, it will positively be appreciated the student's capability to use an appropriate legal terminology, to navigate the different sources of law and develop a coherent legal reasoning.
The exam will be oral and will last approximately between twenty and thirty minutes. The student will be asked open questions on the main topics of the program.
In order to pass the exam, the student will have to achieve a minimum mark of 18/30, showing at least a basic knowledge of the main topics. In order to achieve 30/30 con lode, the student will have to show an excellent command of all the topics analyzed during the course, as well as being able to coherently connect them. Besides, the student will have to show the capability to apply the theoretical notions, by being able to give examples or offer solutions which require the application of the acquired notions to concrete examples and cases.
The reference to case-law discussed during the course (for the students who attended it) will be taken into consideration and may help increase the final mark of two to three points.
Lesson mode
The course will consist of lectures and discussion of cases and materials, which will be made available on the Moodle Platform.
