ADMINISTRATIVE LAW

Course objectives

General objectives The course aims to provide, through the analysis of the main general concepts, the basic knowledge which allows student to deal with the sources of administrative law and to understand the main features of administrative institutions and their functions, with particular regard to the relationship between citizens and public bodies. Through the discussion of case law, students will be able to apply the theoretical legal concepts to real administrative cases and understand the important role played by the courts in the shaping of administrative law. First part: Administrative law: history and development. The sources of administrative law. Administrative power: nature and principles. Public functions. The relationship between individuals and public administrations. Second part: Administrative action and administrative decisions. Elements, types, invalidity. Administrative procedure; public property; accountability and administrative justice. Specific Objectives The course aims at allowing students to acquire the knowledge of the main institutional aspects of the subject, with particular regard to the evolving dynamics of the relationship between the citizen and public bodies. This will allow students to deal with the main contemporary issues in administrative law and to follow the current doctrinal debate on them. The course is also aimed at allowing students to apply the legal concepts to real concrete administrative questions, in order to develop the ability to express their view on them and to identify possible solutions. The course, through the discussion of cases and issues of interest, will also help students to practice their legal vocabulary and argumentative capacity. Students will acquire the knowledge and methodology which will allow them to continue the study of administrative law and its sector-specific branches.

Channel 1
PAOLA CHIRULLI Lecturers' profile

Program - Frequency - Exams

Course program
The concepts of public administration and administrative law. Constitutional principles. The sources of administrative law. Regulations and secondary legislation. Administrative power and its source. Administrative discretion. The relationship between citizens and the state (approx. 12 hours). Administrative decisions: concept, elements, effects, invalidity, typology. Administrative review (approx. 12 hours). Administrative procedure and its phases.The administrative procedure act no 241/90. Procedural guarantees and participation. Preparatory phase. Tacit decisions, agreements and other complex administrative decisional methods (approx. 12 hours) The public organization and its recent reforms. Public property. Public liability (approx. 12 hours). The administrative justice system: history and evolution. Constitutional principles. The jurisdiction of administrative and civil courts.Judicial competence. (approx. 8 hours) 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 orders. Final decisions and their effects. Appeals. Administrative means of review(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., 2024
Teaching mode
The course will consist of lectures and discussion of cases and materials, which will be made available on the Moodle Platform.
Exam mode
ORAL EXAM: 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 two parts of the program. The final mark will be one and will be agreed upon by the professors in charge of the two parts. 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.
Bibliography
Articles or other material as well as case law will be available on the Moodle Platform
Lesson mode
The course will consist of lectures and discussion of cases and materials, which will be made available on the Moodle Platform.
  • Lesson code1001651
  • Academic year2024/2025
  • CourseEconomics and Finance
  • CurriculumEconomia dell’ambiente, delle risorse e dello sviluppo sostenibile
  • Year3rd year
  • Semester2nd semester
  • SSDIUS/10
  • CFU9
  • Subject areaGiuridico