law

The course analyses the fundamental institutes of administrative procedure law. The first part of the course is on general foundations of administrative justice and remedies. The first textbook and the first two months of classes are dedicated to it. This part concerns particularly - History of administrative justice - Administrative and ordinary jurisdiction on public law disputes - The "interesse legittimo" - The form of jurisdiction - Remedies before the administrative judge The second part of the course concerns the procedure before administrative courts. The second textbook and the last two months of classes are dedicated to it. This part regards particularly - First grade in administrative jurisdiction - The competence - The first grade claim, the incidental claim and the adjunct claim - Precautionary remedies - The appeal - Revocation and third parties opposition - The execution - The extraordinary remedy before the President of the Republic http://www.ius-sapienza.org/drupaluni/didattica_/elenco-docenti

To sit at the exam the candidate to have previously passed Civil procedure law and Administrative Law I exams.

All the following textbooks and material: - V. Cerulli Irelli, A. Carbone, Corso di giustizia amministrativa, Giappichelli, 2025

Attendance is strongly recommended. During lectures active participation is encouraged and well valuated, on which prevision readings on the textbook is necessary. Seminar concerns case-law, which will be previously distributed by e-learning. Active participation in classes will be well considered.

The exam will consider the candidate general knowledge, his critical approach to the subject and his practical application skills. Active participation in classes will be well considered. The exam is an oral test, where the candidate has to answer to at least three questions on foundations of the subject, their specific aspects and their practical application. The evaluation is on thirtieth-scale, depending on the complex evaluation, whether sufficient (18-22), fairly good (23-25), good (26-28) or excellent (29-30/cum laude), or insufficient.

- V. Cerulli Irelli, A. Carbone, Corso di giustizia amministrativa, Giappichelli, 2025

Classes are articulated in lectures and seminar. During lectures active participation is encouraged and well valuated, on which prevision readings on the textbook is necessary. Seminar concerns case-law, which will be previously distributed by e-learning.

The program is divided into three parts, covering the formation and transformation of the administrative justice system, the analysis of its general characteristics as outlined in the Code of Administrative Procedure, and finally, the functioning of the system itself. PART I: FORMATION AND TRANSFORMATION OF THE ADMINISTRATIVE JUSTICE SYSTEM Administrative justice between the effectiveness of protection and judicial independence – A possible interpretation: a monistic-driven dualism. The formation of the system (1865-1877): The unrealized monism and the denial of judicial protection. The formation of the system (1877-1889): The transfer of jurisdictional conflicts from the Council of State to the Court of Cassation and its implications. The formation of the system (1889-1907): The establishment of the Fourth Section. The formation of the system (1907-1924): The affirmation of the jurisdictional nature of the Fourth Section and the first consolidation of the system. The transformation of the system: Development lines: independence, completeness, and effectiveness; certainty in the distribution criterion. The path to independence. The transformation of the system: The path to independence (continued). The transformation of the system: The path to independence (continued). The transformation of the system: The path to effectiveness. The transformation of the system: The path to effectiveness (continued). The transformation of the system: The path to effectiveness (continued). The transformation of the system: The path to effectiveness (continued). The transformation of the system: The path to the stabilization of jurisdictional dualism. The transformation of the system: The path to the stabilization of jurisdictional dualism (continued). The transformation of the system: The path to the stabilization of jurisdictional dualism (continued). PART II: GENERAL CHARACTERISTICS OF THE ADMINISTRATIVE JUSTICE SYSTEM IN THE CODE OF ADMINISTRATIVE PROCEDURE – A COMPREHENSIVE ASSESSMENT Problems and gaps in the system before codification. The preparatory work for the Code. The approach, solutions, and open questions. PART III: FUNCTIONING OF THE ADMINISTRATIVE JUSTICE SYSTEM Types of jurisdiction and forms of legal protection. Procedural filters: legal standing and interest in filing an appeal. The regulation of legal actions. The introductory appeal and the subject matter of the trial. How to write an appeal? – Testimonial. The administration’s legal defenses. The counterparty’s legal defenses and the incidental appeal. How to write a legal defense memorandum? – Testimonial. The decision-making phase. How does a public hearing take place? – Testimonial. How does the Council Chamber work? – Testimonial. How to write a judicial decision? – Testimonial. The appeal process. Revocation and third-party opposition. The appeal to the Court of Cassation for jurisdictional reasons. The final judgment and its limits. Enforcement protection concerning decisions of both ordinary and administrative courts. Requirements, nature, and procedure of the enforcement judgment.

The course assumes the knowledge acquired through the successful completion of the Administrative Law I exam.

M. Clarich, Manuale di giustizia amministrativa, Bologna, Il Mulino, 2023

Attendance at lectures is not mandatory. However, given that the teaching will be structured to ensure the centrality of the student's active role, participation in lectures is strongly recommended.

The exam will consist of an oral test. It will be aimed at assessing both the student's knowledge and their ability to apply it to practical problems.

The course includes lectures, analysis and discussions of case law, and testimonies from scholars, judges, or other institutional representatives

The programme covers the principles of administrative justice, the development of the process Administrative and judicial study of the Code of the administrative process. The following topics will be discussed in class and requested for examination: 1. Historical and constitutional aspects of administrative justice; 2. Ordinary jurisdiction, administrative jurisdiction and the issue of the division of jurisdiction; 3. The different areas of administrative jurisdiction; 4. Actions in the administrative trial; 5. The first instance judgment; 6. Precautionary protection; 7. Mention of special rites; 8. Ordinary and extraordinary appeals; 9. Judgment and enforcement of the judgment; 10. The judgment of compliance.

The student shall have passed the exams of Public Law, Private Law

TEXTBOOKS AND OTHER PREPARATION MATERIALS EXAMINATION FOR ATTENDING STUDENTS A) F.S. MARINI, A. STORTO, Administrative Procedural Law, La Tribuna, II ed., 2020 excluding the following parts: Chapter I, §1 - Chapter II, §§ 3 and 4. Chapter IV, Part III Abstention and objection Chapter V, §§ 4, 5 and 6 Chapter VII, §§ 1,2,3,4,5 Chapter VIII: Part I, §8.2 and §11; Part IV; Part V, §§5 and 6; Part VI Chapter IX, §§1.5, 1.6,1.7, 1.8; §§2 and 3 - Chapter XI Chapter XII Chapter XIII Those who choose this text will be able to take the intermediate test with exemption on the part of the volume (except for the chapters and paragraphs indicated) up to page 248 (Actions in the administrative process excluded). Alternatively B) M. CLARICH, Manuale di giustizia amministrativo, Mulino, Bologna, 2021, ad 4 exclusion of Part IV, Chapter XIII (Administrative remedies) Those who choose this text will be able to take the intermediate test with exemption on the part of the volume up to Part III (The trial before the administrative court), Chapter VI (Procedural filters) inclusive. C) Students will be able to deepen the topics covered also using the materials Teaching on the platform elearning.uniroma1.it of the Professor. D) Knowledge of the "Code of the administrative process" (D.lgs. n. 104/2010) updated, in any of the issues on the market. 5. TEXTBOOKS AND OTHER PREPARATION MATERIALS EXAMINATION FOR NON-ATTENDING STUDENTS A) F.S. MARINI, A. STORTO, Administrative Procedural Law, La Tribuna, II ed., 2020, excluding the following parts: - Chapter IV, Part III - Chapter V, §§ 4,5 and 6 - Chapter VI, §10 - Chapter VII, §1, 3, 4 and 5 Chapter VIII: Part I, §8.2 and §11; Part IV; Part V, §§5 and 6; Part VI - Chapter IX, §§2 and 3 - Chapter XI Alternatively B) M. CLARICH, Administrative Justice Manual, Mulino, Bologna, 2021 C) The Students can deepen the topics covered also using the teaching materials on the platform elearning.uniroma1.it of the Professor. D) Knowledge of the "Code of the administrative process" (D.lgs. n. 104/2010) updated, in any of the issues on the market.

class attendance is recommended

The examination is oral. Attending students will also have the opportunity to take a written midterm written intermediate examination on a part of the syllabus. Those who pass the mid-term test must complete the examination orally on the remaining part of the syllabus by appearing at one of the calls of the current academic year. If they have completed an opinion, a deed or a paper, the subject of these will be the subject of one of the questions in the second part of the examination. The final mark will not be the mathematical average of the marks obtained in the midterm and the final oral examination: the student will have the opportunity at the oral examination to prove that he or she deserves a higher mark than the mathematical average of the marks. For the attainment of a sufficiency mark (18, 19), the student must demonstrate knowledge of the essential normative notions on the institutes and topics studied and be able to express them in grammatically correct language; in order to obtain an average mark (between 20 and 25), the student must prove that he/she is familiar with not only the regulatory framework, but also with administrative practice and at least the main case law guidelines, and that he/she is able to explain them with adequate logical coherence; in order to achieve a good mark (between 26 and 30), the student must demonstrate knowledge of what is required in the previous mark band and, in addition, be able to highlight connections and links between topics and critically assess case law and doctrinal orientations; in order to achieve excellence (30 cum laude), the student, in addition to demonstrating what is required for the previous grade band, will have to show autonomy of judgement and originality of approach, always respecting consistency with positive law.

The lessons will be dedicated to the study of the fundamental institutes of the jurisdictional process and the connections between them. Special attention will also be devoted the scope of administrative jurisdiction, its institutional significance and the quality of review of the administrative court. Given the importance of the acquisition of adequate writing and oral expression skills, students, with the guidance of the Professor, will be entitled to draw up opinions, judicial documents and papers. Students who choose to draw up one of these types of acts will be questioned at the examination also on the subject by the same treaty that will be the subject of one of the questions. 3 The oral presentation of the topics by the students who want to participate. Will be considered students attending those who will follow 2/3 of the lessons held; the presence will be documented by the collection of signatures.